Employment Act 1982 (repealed)

Construction of references to date of dismissal E+W+S

4 (1) Subject to the following provisions of this paragraph, references in paragraphs 2 and 3 to the date of a dismissal are to the effective date of termination in relation to that dismissal as defined in section 55(4) of the 1978 Act.

(2) In ascertaining for the purposes of those paragraphs whether a dismissal occurred before the commencement of any provision of the 1975, 1978 or 1980 Acts, that is to say in ascertaining—

(a) for the purpose of paragraph 2(1)(a) whether a person was dismissed before 15th August 1980,

(b) for the purpose of paragraph 2(2) whether a dismissal occurred before 1st November 1978, or

(c) for the purpose of paragraph 3(b) whether a dismissal occurred before 1st June 1976,

references to the date of the dismissal shall be construed in accordance with sub-paragraph (3) in the cases where that sub-paragraph applies.

(3) Where the notice required to be given by an employer by section 1(1) of the M1 Contracts of Employment Act 1972 or section 49 of the 1978 Act (minimum period of notice) would, if duly given when notice of termination was given by the employer, or (where no notice was given) when the contract of employment was terminated by the employer, have expired on a date later than the effective date of termination as defined by section 55(4) of the 1978 Act, that later date shall be treated for the purposes mentioned in sub-paragraph (2) as the date of the dismissal.

Marginal Citations

M1 1972 c. 53.