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Protection of Existing Conditions

Part of Orders of the Day — Sex Discrimination Bill [Lords] – in the House of Commons at 6:30 pm on 22nd October 1986.

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Meaning of "protected worker"8. — (1) Where on the day before are commencement date a protected worker's relations with his employer have ceased to be governed by a contract of employment, he shall nevertheless be regarded for the purposes of paragraphs 1 and 2 above as having been employed as a protected worker on that day if that day falls in a week which counts as a period of employment with that employer under paragraph 9 or 10 of Schedule 13 to the 1978 Act (absence from work because of sickness, pregnancy, etc.).(2) Where section 56 of the 1978 Act (failure to permit women to return to work after confinement treated as dismissal) applies to an employee who was employed under protected conditions under her original contract of employment she shall be treated for the purposes of this Schedule as if she had been employed as a protected worker on the date on which she is treated as dismissed under that section.