164 Claims for redundancy payment.E+W+S
(1)An employee does not have any right to a redundancy payment unless, before the end of the period of six months beginning with the relevant date—
(a)the payment has been agreed and paid,
(b)the employee has made a claim for the payment by notice in writing given to the employer,
(c)a question as to the employee’s right to, or the amount of, the payment has been referred to an [F1employment tribunal], or
(d)a complaint relating to his dismissal has been presented by the employee under section 111.
(2)An employee is not deprived of his right to a redundancy payment by subsection (1) if, during the period of six months immediately following the period mentioned in that subsection, the employee—
(a)makes a claim for the payment by notice in writing given to the employer,
(b)refers to an [F1employment tribunal] a question as to his right to, or the amount of, the payment, or
(c)presents a complaint relating to his dismissal under section 111,
and it appears to the tribunal to be just and equitable that the employee should receive a redundancy payment.
(3)In determining under subsection (2) whether it is just and equitable that an employee should receive a redundancy payment an [F1employment tribunal] shall have regard to—
(a)the reason shown by the employee for his failure to take any such step as is referred to in subsection (2) within the period mentioned in subsection (1), and
(b)all the other relevant circumstances.
[F2(4) Subsections (1)(c) and (2) F3 are subject to section 207A (extension because of mediation in certain European cross-border disputes). ]
[F4(5)Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsections (1)(c) and (2).]
Textual Amendments
F1Words in s. 164(1)(c)(2)(b)(3) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
F2S. 164(4) inserted (20.5.2011 with application as mentioned in regs. 3 and 4 of the amending S.I.) by The Cross-Border Mediation (EU Directive) Regulations 2011 (S.I. 2011/1133), regs. 2, 47
F3Section 164(1)(c) and (2) are subject to Employment Rights (Dispute Resolution) Act 1998, section 1(2)(a).
F4S. 164(5) inserted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 2 para. 34; S.I. 2014/253, art. 3(g)