Employment Rights Act 1996

219 Reinstatement or re-engagement of dismissed employee

(1) Regulations made by the Secretary of State may make provision—

(a) for preserving the continuity of a person’s period of employment for the purposes of this Chapter or for the purposes of this Chapter as applied by or under any other enactment specified in the regulations, or

(b) for modifying or excluding the operation of section 214 subject to the recovery of any such payment as is mentioned in that section,

in cases where, in consequence of action to which subsection (2) applies, a dismissed employee is reinstated or re-engaged by his employer or by a successor or associated employer of that employer.

(2) This subsection applies to any action taken in relation to the dismissal of an employee which consists of—

(a) his making a claim in accordance with a dismissal procedures agreement designated by an order under section 110,

(b) the presentation by him of a relevant complaint of dismissal,

(c) any action taken by a conciliation officer under section 18 of the [1996 c. 17.] Industrial Tribunals Act 1996, or

(d) the making of a relevant compromise contract.

(3) In subsection (2)(b) “relevant complaint of dismissal” means—

(a) a complaint under section 111 of this Act,

(b) a complaint under section 63 of the [1975 c. 65.] Sex Discrimination Act 1975 arising out of a dismissal,

(c) a complaint under section 54 of the [1976 c. 74.] Race Relations Act 1976 arising out of a dismissal, or

(d) a complaint under section 8 of the [1995 c. 50.] Disability Discrimination Act 1995 arising out of a dismissal.

(4) In subsection (2)(d) “relevant compromise contract” means—

(a) an agreement or contract authorised by—

(i) section 203(2)(f) of this Act,

(ii) section 77(4)(aa) of the [1975 c. 65.] Sex Discrimination Act 1975,

(iii) section 72(4)(aa) of the [1976 c. 74.] Race Relations Act 1976, or

(iv) section 9(2)(b) of the [1995 c. 50.] Disability Discrimination Act 1995, or

(b) an agreement to refrain from instituting or continuing any proceedings before an industrial tribunal where the tribunal has jurisdiction in respect of the proceedings by virtue of an order under section 3 of the [1996 c. 17.] Industrial Tribunals Act 1996.