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Local Government (Wales) Act 1994

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This is the original version (as it was originally enacted).

41Continuity of employment in certain cases of voluntary transfer

(1)This section applies to a person (“the employee”) who at any time ceases to be employed by an old authority if—

(a)the termination of his employment is attributable to any provision made by or under this Act;

(b)he is subsequently employed by another person; and

(c)by virtue of section 84 of the [1978 c. 44.] Employment Protection (Consolidation) Act 1978 (renewal or re-engagement) that subsequent employment precludes his receiving any redundancy payment under Part VI of that Act with respect to his terminated employment.

(2)Schedule 13 to the Act of 1978 (computation of period of employment for the purposes of that Act) shall have effect as if it provided—

(a)for the period of the employee’s employment by the old authority to count as a period of employment with his new employer; and

(b)for the change of employer not to break the continuity of the period of his employment.

(3)For the purposes of any provision of the employee’s contract of employment with his new employer which depends on his length of service with that employer, the period of his employment with the old authority shall count as a period of employment with his new employer.

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