The Redundant Mineworkers (Payments Schemes) (Amendment and Consolidation) Order 1996

Appendix 3 COMPUTATION OF PERIOD OF EMPLOYMENT

Article 4(2)

Preliminary

1.  In computing a coal industry employee’s period of employment, any question whether his employment is of a kind counting towards that period shall be determined week by week, but the length of his period of employment shall be computed in years.

General provisions as to the period of employment

2.  –

(1) Except so far as is otherwise provided by the following provisions of this Appendix, any week which does not count under paragraph 3,4, 5 or 6 of this Appendix breaks the continuity of the period of employment.

(2) During any week which breaks the continuity of the period of employment a coal industry employee shall not be treated as being in the employment of a coal industry employer.

Normal working weeks

3.  Any week in which a coal industry employee is employed for 16 hours or more by a coal industry employer shall count in computing a period of employment.

Employment governed by contract

4.  Any week during the whole or part of which a coal industry employee’s relations with a coal industry employer are governed by a contract of employment which normally involves employment for 16 hours or more weekly shall count in computing a period of employment.

Absence from work

5.  –

(1) If in any week a coal industry employee is for the whole or part of that week–

(a) incapable of work in consequence of sickness or injury; or

(b) absent from work on account of a temporary cessation of work; or

(c) absent from work in circumstances such that, by arrangement or custom, he is regarded as continuing in the employment of a coal industry employer for all or any purposes,

that week shall, notwithstanding that it does not fall within paragraph 3 or 4 of this Appendix, count as a period of employment.

(2) Not more than 26 weeks shall count under head (a) of the foregoing sub-paragraph between any two periods falling within paragraph 3 or 4 of this Appendix.

Industrial disputes

6.  If during any week a coal industry employee was for the whole or any part of that week absent from work because he was taking part in a strike that week shall count as a period of employment.

Interpretation

7.  In this Appendix, unless the context otherwise requires–

“period of employment” means period of employment by a coal industry employer;

“strike” means the cessation of work by a body of coal industry employees acting in combination or a concerted refusal or refusal under a common understanding of any number of coal industry employees to continue to work for a coal industry employer in consequence of a dispute undertaken as a means of compelling that coal industry employer or any person or body of persons employed, or to aid other employees in compelling their employer or any person or body of persons employed, to accept or not to accept terms or conditions of or affecting employment.