Modifications etc. (not altering text)
C1Sch. 12 extended (E.W.) (3.1.1995) by 1994 c. 40, ss. 20, 82(2), Sch. 8 para. 22
Sch. 12 extended (prosp.) by 1995 c. 26, ss. 46(4)(c), 180(1) (with s. 121(5))
Sch. 12 extended (E.W.) (26.8.1994) by 1994 c. 20, s. 4, Sch. 4 para. 22; S.I. 1994/1841, art. 2
23(1)Where an employer has given notice to an employee to terminate his contract of employment, and has offered to renew his contract of employment, or to re-engage him under a new contract, then if—
(a)the employee dies without having either accepted or refused the offer, and
(b)the offer has not been withdrawn before his death,
section 82 shall apply as if for the words “the employee unreasonably refuses” there were substituted the words “it would have been unreasonable on the part of the employee to refuse”.
(2)Where an employee’s contract of employment has been renewed, or he has been re-engaged under a new contract of employment, and during the trial period the employee dies without having terminated or having given notice to terminate the contract, subsection (6) of that section shall apply as if for the words from “and during the trial period” to “terminated” there were substituted the words “and it would have been unreasonable for the employee, during the trial period referred to in section 84, to terminate or give notice to terminate the contract”.