Exclusion of operation of section 214 of the Employment Rights Act 1996 where redundancy or equivalent payment repaid4.
(1)
Section 214 of the Employment Rights Act 1996 (continuity broken where employee re-employed after the making of a redundancy payment or equivalent payment) shall not apply where—
(a)
in consequence of any action to which these Regulations apply a dismissed employee is reinstated or re-employed by his employer or by a successor or associated employer of the employer,
(b)
the terms upon which he is so reinstated or re-engaged include provision for him to repay the amount of a redundancy payment or an equivalent payment paid in respect of the relevant dismissal, and
(c)
that provision is complied with.
(2)
For the purposes of this regulation the cases in which a redundancy payment shall be treated as having been paid are the cases mentioned in section 214(5) of the Employment Rights Act 1996.