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Sequential application of section 7C of Act and regulation 4 to subsequent transfer employers

Retirement and Re-employment (Re-employment Obligations) Regulations 2017

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—(1) Where —(a)E2 or a transfer employer (called in this regulation the firstmentioned employer) is unable to continue to employ an eligible employee because the firstmentioned employer is unable to find a position in its establishment that is suitable for the eligible employee, despite making reasonable attempts to do so in accordance with the tripartite guidelines; and(b)during the eligible employee’s employment with the firstmentioned employer, another employer (called in this regulation the subsequent transfer employer) offers to employ the eligible employee in lieu of the firstmentioned employer, and the eligible employee accepts the offer,section 7C of the Act applies in relation to the eligible employee’s employment with the subsequent transfer employer as if —(i)the references to E1 in section 7C(1A)(a) and (c) and (6) of the Act are references to the firstmentioned employer;(ii)the references to E2 in section 7C(1A)(b), (6) and (7) of the Act are references to the subsequent transfer employer;(iii)the references to the agreed date in section 7C(1A) of the Act are references to the agreed date between the subsequent transfer employer and the firstmentioned employer; and(iv)the period to be reckoned for the purposes of section 7C(5)(a) and (b) of the Act in relation to the eligible employee’s entitlement in respect of the subsequent transfer employer is the period for which the eligible employee served under E1 before commencing service with E2.(2) Regulation 4 and the Schedules apply in relation to the eligible employee’s employment with the subsequent transfer employer as if —(a)the references to E1 are references to the firstmentioned employer;(b)the references to E2 are references to the subsequent transfer employer; and(c)the references to the agreed date are references to the agreed date between the subsequent transfer employer and the firstmentioned employer.

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