C1C2C3C4C5C6C7C8C9 Part XI Redundancy payments etc.
Pt. 11 (ss. 135-181) excluded (1.4.2000) by S.I. 2000/935, art. 3
Pt. 11 (ss. 135-181) excluded (S.) (8.9.2000) by 2000 asp 10, s. 29, Sch. 4 para. 6(4)(b) (with s. 32); S.I. 2000/312, art. 2
Pt. 11 (ss. 135-181) excluded (1.11.2000) by 2000 c. 27, s. 3(8), Sch. 3 para. 9; S.I. 2000/2917, art. 2, Sch.
Pt. 11 (ss. 135-181) modified (S.) (prosp.) by 2001 asp 10, ss. 86(4)(b), 113(1)
Pt. 11 (ss. 135-181) applied (E.W.) (21.5.2001) by S.I. 2001/1185, arts. 2, 3, Sch. para. 129(ii)
Pt. 11 modified (1.7.2004) by The British Transport Police (Transitional and Consequential Provisions) Order 2004 (S.I. 2004/1573), arts. 1, 6(8)(a)
Pt. 11 modified (31.1.2005) by Public Audit (Wales) Act 2004 (c. 23), ss. 68, 73, Sch. 3 para. 3(2)(a); S.I. 2005/71, art. 2, Sch.
Pt. 11 modified (8.6.2005 for certain purposes, otherwise 24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 12, 60, Sch. 2 para. 9(1)(a); S.I. 2005/1444, art. 2, Sch. 1; S.I. 2005/1909, art. 2, Sch.
Pt. 11 modified (E.W.) (1.3.2007) by National Health Service Act 2006 (c. 41), ss. 25, 277, Sch. 4 para. 8(11)(b)
Pt. 11 modified (22.7.2008) by Crossrail Act 2008 (c. 18), s. 36, Sch. 12 para. 16
Pt. 11 excluded (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 3 para. 9(1)(a); S.I. 2015/481, reg. 2(a)
Pt. 11 modified (E.W.) (2.8.2019) by The Cardiff and Valleys Railways (Transfer) Order 2019 (S.I. 2019/1132), art. 1, Sch. 2 para. 10(1)(a) (with reg. 5)
Chapter II Right on dismissal by reason of redundancy
Exclusions
141 Renewal of contract or re-engagement.
1
This section applies where an offer (whether in writing or not) is made to an employee before the end of his employment—
a
to renew his contract of employment, or
b
to re-engage him under a new contract of employment,
with renewal or re-engagement to take effect either immediately on, or after an interval of not more than four weeks after, the end of his employment.
2
Where subsection (3) is satisfied, the employee is not entitled to a redundancy payment if he unreasonably refuses the offer.
3
This subsection is satisfied where—
a
the provisions of the contract as renewed, or of the new contract, as to—
i
the capacity and place in which the employee would be employed, and
ii
the other terms and conditions of his employment,
would not differ from the corresponding provisions of the previous contract, or
b
those provisions of the contract as renewed, or of the new contract, would differ from the corresponding provisions of the previous contract but the offer constitutes an offer of suitable employment in relation to the employee.
4
The employee is not entitled to a redundancy payment if—
a
his contract of employment is renewed, or he is re-engaged under a new contract of employment, in pursuance of the offer,
b
the provisions of the contract as renewed or new contract as to the capacity or place in which he is employed or the other terms and conditions of his employment differ (wholly or in part) from the corresponding provisions of the previous contract,
c
the employment is suitable in relation to him, and
d
during the trial period he unreasonably terminates the contract, or unreasonably gives notice to terminate it and it is in consequence terminated.
Pt. 11 (ss. 135-181) modified (25.11.1998 for specified purposes and otherwise 3.7.2000) by 1998 c. 45, s. 34, Sch. 8 para. 9(3)(4); S.I. 1998/2952, art. 2; S.I. 2000/1173, art. 2
Pt. 11 (ss. 135-181) modified (25.11.1998 for specified purposes and otherwise 3.7.2000) by 1998 c. 45, s. 36, Sch. 9 para. 9(3)(4); S.I. 1998/2952, art. 2; S.I. 2000/1173, art. 2
Pt. 11 (ss. 135-181) modified (27.9.1999) by 1999 c. 22, ss. 105, 108(1), Sch. 14 Pt. II paras. 2(1)(b), 4(a) (with Sch. 14 Pt. II para. 7(2))
Pt. 11 (ss. 135-181) modified (27.9.1999) by 1999 c. 22, ss. 105, 108(1), Sch. 14 Pt. V para. 33(7)(a) (with Sch. 14 Pt. II para. 7(2))
Pt. 11 (ss. 135-181) modified (3.7.2000) by 1999 c. 29, ss. 165(4), 217(7), Sch. 12 para. 10(3) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.
Pt. 11 (ss. 135-181) modified (3.7.2000) by 1980 c. 66, s. 266B(6) (as inserted (3.7.2000) by 1999 c. 29, s. 265 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.
Pt. 11 (ss. 135-181) modified (12.1.2000) by 1999 c. 29, s. 410(4) (with Sch. 12 para. 9(1)); S.I. 1999/3434, art. 2
Pt. 11 (ss. 135-181) modified (1.9.2000 (E.), 1.1.2001 (W.)) by 2000 c. 21, s. 95(3); S.I. 2000/2114, art. 2(3) Sch. Pt. III; S.I. 2000/3230, art. 2, Sch.
Pt. 11 (ss. 135-181) modified (1.2.2001) by 2000 c. 38, s. 217, Sch. 18 para. 16(a); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings in Sch. 2 Pt. II)
Pt. 11 (ss. 135-181) modified (30.1.2001) by 2000 c. 38, s. 218, Sch. 19 para. 12(a); S.I. 2001/57, art. 2, Sch. 1
Pt. 11 (ss. 135-181) modified (1.2.2001) by 2000 c. 38, s. 220, Sch. 21 para. 13(a); S.I. 2001/57, art. 2, Sch. 2 Pt. I (subject to savings in Sch. 2 Pt. II)
Pt. 11 (ss. 135-181) modified (1.2.2001) by 2000 c. 38, s. 240, Sch. 25 para. 12(a), S.I. 2001/57, art. 3, Sch. 2 Pt. I (subject to savings in Sch. 2 Pt. II)