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CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 12

General exclusions from right to redundancy payment.

12.(1) An employee shall not be entitled to a redundancy payment if
immediately before the relevant date the employee

(a)if a man, has attained the age of sixty-five, or

(b)if a woman, has attained the age of sixty.

(2) Except as provided by section 20, an employee shall not be entitled to a
redundancy payment by reason of dismissal where his employer, being entitled
to terminate his contract of employment without notice by reason of the
employee's conduct, terminates it either

(a)without choice, or

(b)by giving shorter notice than that which, in the absence of such conduct,
the employer would be required to give to terminate the contract, or

(c)by giving notice (not being such shorter notice as is mentioned in
paragraph (b)) which includes, or is accompanied by, a statement in writing
that the employer would, by reason of the employee's conduct, be entitled to
terminate the contract without notice.

[(3) If an employer makes an employee an offer (whether in writing or not)
before the ending of his employment under the previous contract to renew his
contract of employment, or to re-engage him under a new contract of
employment, so that the renewal or re-engagement would take effect either
immediately on the ending of his employment under the previous contract or
after an interval of not more than four weeks thereafter the provisions of
subsections (5) and (6) shall have effect.

(4) For the purposes of the application of the last preceding subsection to a
contract under which the employment ends on a Friday, Saturday or Sunday

(a)the renewal or re-engagement shall be treated as taking effect immediately
on the ending of the employment under the previous contract if it takes effect
on or before the next Monday after that Friday, Saturday or Sunday; and

(b)the interval of four weeks shall be calculated as if the employment had
ended on that Monday.

(5) If an employer makes an employee such an offer as is referred to in
subsection (3) and either

(a)the provisions of the contract as renewed, or of the new contract, as to
the capacity and place in which he would be employed, and as to the other
terms and conditions of his employment, would not differ from the
corresponding provisions of the previous contract; or

(b)the first mentioned provisions would differ (wholly or in part) from those
corresponding provisions, but the offer constitutes an offer of suitable
employment in relation to the employee;

(6) If an employee's contract of employment is renewed, or he is re-engaged
under a new contract of employment, in pursuance of such an offer as is
referred to in subsection (3) and the provisions of the contract as renewed,
or of the new contract, as to the capacity and place in which he is employed,
and as to the other terms and conditions of his employment, differ (wholly or
in part) from the corresponding provisions of the previous contract but the
employment is suitable in relation to the employee, and during the trial
period referred to in section 13 the employee unreasonably terminates the
contract, or unreasonably gives notice to terminate it and the contract is
thereafter, in consequence, terminated, he shall not be entitled to a
redundancy payment by reason of his dismissal from employment under the
previous contract.][

© 1965 Crown Copyright

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