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CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 16

Right to redundancy payment by reason of lay-off or short-time.

16.(1) An employee shall not be entitled to a redundancy payment by reason of
being laid off or kept on short-time unless he gives notice in writing to his
employer indicating (in whatsoever terms) his intention to claim a redundancy
payment in respect of lay-off or short-time (in this section and in section 17
referred to as a "notice of intention to claim") and, before the service of
that notice, either

(a)he has been laid off or kept on short-time for four or more consecutive
weeks of which the last before the service of the notice ended on the date of
service thereof or ended not more than four weeks before that date, or

(b)he has been laid off or kept on short-time for a series of six or more
weeks (of which not more than three were consecutive) within a period of
thirteen weeks, where the last week of the series before the service of the
notice ended on the date of service thereof or ended not more than four weeks
before that date.

(2) In this Part "the relevant date", in relation to a
notice of intention to claim or a right to a redundancy payment in pursuance
of such a notice,

(a)in a case falling within paragraph (a) of subsection (1), means the date on
which the last of the four or more consecutive weeks before the service of the
notice came to an end, and

(b)in a case falling within paragraph (b) of that subsection, means the date
on which the last of the series of six or more weeks before the service of the
notice came to an end.

(3) Where an employee has given notice of intention to claim,

(a)he shall not be entitled to a redundancy payment in pursuance of that
notice unless he terminates his contract of employment by a week's notice
which (whether given before or after or at the same time as the
notice of intention to claim) is given before the end of the period allowed
for the purposes of this paragraph (as specified in section 17(5)), and

(b)he shall not be entitled to a redundancy payment in pursuance of the
notice of intention to claim if he is dismissed by his employer (but without
prejudice to any right to a redundancy payment by reason of the dismissal):

Provided that, if the employee is required by his contract of employment to
give more than a week's notice to terminate the contract, the reference in
paragraph (a) to a week's notice shall be construed as a reference to the
minimum notice which he is so required to give.

(4) Subject to subsection (5), an employee shall not be entitled to a
redundancy payment in pursuance of a notice of intention to claim if, on the
date of service of that notice, it was reasonably to be expected that the
employee (if he continued to be employed by the same employer) would, not
later than four weeks after that date, enter upon a period of employment of
not less than thirteen weeks during which he would not be laid off or kept on
short-time for any week.

(5) Subsection (4) shall not apply unless, within seven days after the service
of the notice of intention to claim, the employer gives to the employee notice
in writing (in section 17 referred to as a "counter-notice") that he will
contest any liability to pay to him a redundancy payment in pursuance of the
notice of intention to claim.


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© 1965 Crown Copyright

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