Orders of the Day — Clause 42. — (Associated Companies.)

– in the House of Commons at 12:00 am on 21 July 1965.

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Photo of Mr Ernest Thornton Mr Ernest Thornton , Farnworth 12:00, 21 July 1965

I beg to move Amendment No. 75, Clause 42, in page 34, line 41, at end insert: (2) The preceding subsection shall not affect the operation of section 13 of this Act in a case where the previous owner and the new owner (as defined by that section) are associated companies; and where that section applies, the preceding subsection shall not apply. This Amendment is consequential, resulting from the addition of Clause 13 to the Bill.

Amendment agreed to.

Further Amendments made: No. 76, Clause 42, in page 34, line 41, at end insert: (2) Where an employee is dismissed by his employer, and the employer is a company (in this subsection referred to as "the employing company") which has one or more associated companies, then if—

  1. (a) neither of the conditions specified in paragraphs (a) and (b) of sections 1 (2) of this Act is fulfilled, but
  2. (b) one or other of those conditions would be fulfilled if the business of the employing company and the business of the associated company (or, if more than one, each of the associated companies) were treated as together constituting one business,
that condition shall for the purposes of Part I of this Act be taken to be fulfilled in relation to the dismissal of the employee. Amendment No. 77, Clause 42, in page 35, line 19, leave out from "employee" to end of line 22 and insert: of a company is taken into the employment of another company which, at the time when he is taken into its employment, is an associated company of the first-mentioned company, his period of employment at that time shall count as a period of employment with the associated company, and the change of employer shall not break the continuity of the period of employment."—[Mr. Thornton.]