Worker Protection (Regular Part-Time Employees) Act, 1991

Continuous service.

2.—(1) For the purpose of calculating the 13 weeks continuous service, with an employer referred to in the definition of “regular part-time”, the provisions of the First Schedule to the Minimum Notice and Terms of Employment Act, 1973 , shall apply as if—

(a) references to employer and employee were to be construed in accordance with section 1 (2) of this Act, and references to employment and cognate words were construed accordingly, and

(b) the reference to “eighteen hours” in paragraph 8 of that Schedule were a reference to “8 hours”.

(2) Notwithstanding subsection (1) of this section, the Tribunal shall have a discretion, when hearing a dispute referred to it under section 5 (1) of this Act, to consider whether—

(a) dismissal, whenever occurring, of an employee by the employer followed by re-employment of the employee within 26 weeks of such dismissal, or

(b) reduction, whenever occurring, of the weekly working hours of an employee by the employer,

was used by the employer for the purpose of avoiding obligations arising or likely to arise by virtue of this Act and, where the Tribunal considers that such dismissal or reduction was so used, it shall be deemed not to operate so as to break the continuity or affect the computability of service of the employee.

(3) (a) Where, for the purpose of the application of any relevant enactment or part thereof, a period of continuous service (being service in accordance with the provisions, however expressed, of that enactment) of not less than 13 weeks is required, then in ascertaining the period under that enactment the 13 weeks continuous service referred to in subsection (1) of this section shall be included as if it were 13 weeks continuous service in accordance with the provisions, however expressed, of that enactment.

(b) For the purpose of calculating the part of a period of continuous service to which paragraph (a) of this subsection relates, but which is not calculable in accordance with subsection (1) of this section, that part shall—

(i) in respect of the Act of 1967, be calculated under that Act as if the reference therein in section 4 (2) (as amended by the Act of 1984) to “18 hours” were a reference to “8 hours”,

(ii) in respect of the Minimum Notice and Terms of Employment Act, 1973 , be calculated as if the reference in paragraph 8 of the First Schedule to that Act (as so amended) to “eighteen hours” were a reference to “8 hours”,

(iii) in respect of the Unfair Dismissals Act, 1977 , be calculated as if the reference in the said paragraph 8 of the said First Schedule (as so amended and as applied for the purposes of the said Act by virtue of section 2 (4) thereof) to “eighteen hours” were a reference to “8 hours”.

(4) Except where provided for by this Act, no benefit or right shall accrue under any relevant enactment, including the Holidays (Employees) Act, 1973 , to a regular part-time employee in respect of the 13 weeks continuous service referred to in subsection (1) of this section and no period shall be ascertained so as to include all or any part of the said 13 weeks.

(5) The provisions of this section are, in so far as they concern matters to which the European Communities (Safeguarding of Employees' Rights on Transfer of Undertakings) Regulations, 1980 ( S.I. No. 306 of 1980 ), relate, in addition to and not in substitution for those Regulations.