28.—(1) No reduction is to be made in accordance with section 6J of the Act for a sanctionable failure where—
(a)the sanctionable failure is listed in section 6J(2)(b) or (c) of the Act (failure to apply for a vacancy for paid work or failure to take up an offer of paid work) and the vacancy has arisen because of a strike arising from a trade dispute;
(b)the sanctionable failure is listed in section 6J(2)(d) of the Act (ceases paid work or loses pay) and the following circumstances apply—
(i)the claimant's work search and work availability requirements are subject to limitations under sections 6D(4) and 6E(3) of the Act in respect of work available for a certain number of hours;
(ii)the claimant takes up paid work that is for a greater number of hours; and
(iii)the claimant voluntarily ceases that paid work, or loses pay, within a trial period;
(c)the sanctionable failure is listed in section 6J(3) of the Act (failures that occur before a claim is made) and the period of the reduction that would otherwise apply under regulation 19 is the same as or shorter than the number of days beginning with the day after the date of the sanctionable failure and ending with the day before the date of that claim;
(d)the sanctionable failure is that the claimant voluntarily ceases paid work, or loses pay, because of a strike arising from a trade dispute;
(e)the sanctionable failure is that the claimant voluntarily ceases paid work as a member of the regular forces or the reserve forces (within the meanings in section 374 of the Armed Forces Act 2006 M1), or loses pay in that capacity; or
(f)the sanctionable failure is that the claimant voluntarily ceases paid work in one of the following circumstances—
(i)the claimant has been dismissed because of redundancy after volunteering or agreeing to be dismissed;
(ii)the claimant has ceased work on an agreed date without being dismissed in pursuance of an agreement relating to voluntary redundancy; or
(iii)the claimant has been laid-off or kept on short-time to the extent specified in section 148 of the Employment Rights Act 1996, and has complied with the requirements of that section.
(2) In this regulation—
“redundancy” has the same meaning as in section 139(1) of the Employment Rights Act 1996;
“strike” has the same meaning as in section 246 of the Trade Union and Labour Relations (Consolidation) Act 1992 M2;
“trade dispute” has the same meaning as in section 244 of that Act.
Marginal Citations
M12006 c.52. Section 374 was amended by paragraph 37 of Schedule 22 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c.10).
M21992 c.52. The definition of “strike” was amended by paragraph 6 of Schedule 3 to the Employment Relations Act 1999 (c.26).