Part XIRedundancy payments etc.
Chapter IIRight on dismissal by reason of redundancy
Exclusions
142Employee anticipating expiry of employer’s notice
1
Subject to subsection (3), an employee is not entitled to a redundancy payment where—
a
he is taken to be dismissed by virtue of section 136(3) by reason of giving to his employer notice terminating his contract of employment on a date earlier than the date on which notice by the employer terminating the contract is due to expire,
b
before the employee’s notice is due to expire, the employer gives him a notice such as is specified in subsection (2), and
c
the employee does not comply with the requirements of that notice.
2
The employer’s notice referred to in subsection (1)(b) is a notice in writing—
a
requiring the employee to withdraw his notice terminating the contract of employment and to continue in employment until the date on which the employer’s notice terminating the contract expires, and
b
stating that, unless he does so, the employer will contest any liability to pay to him a redundancy payment in respect of the termination of his contract of employment.
3
An industrial tribunal may determine that the employer is liable to make an appropriate payment to the employee if on a reference to the tribunal it appears to the tribunal, having regard to—
a
the reasons for which the employee seeks to leave the employment, and
b
the reasons for which the employer requires him to continue in it,
to be just and equitable that the employee should receive the payment.
4
In subsection (3) “appropriate payment” means—
a
the whole of the redundancy payment to which the employee would have been entitled apart from subsection (1), or
b
such part of that redundancy payment as the tribunal thinks fit.