5If, in proceedings arising out of a failure to permit an employee to return to work, the employer shows—
(a)that the reason for the failure is that the employee is redundant; and
(b)that the employee was dismissed or, had she continued to be employed by him, would have been dismissed, by reason of redundancy during her absence on a day earlier than the notified day of return and falling after the beginning of the eleventh week before the expected week of confinement,
then, for the purposes of Part VI of this Act the employee—
(i)shall not be treated as having been dismissed with effect from the notified day of return; but
(ii)shall, if she would not otherwise be so treated, be treated as having been continuously employed until that earlier day and as having been dismissed by reason of redundancy with effect from that day.