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CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 13

Dismissal by employer.

13.(1) In this Part "dismiss" and "dismissal" shall be construed in accordance
with the provisions of this section and the next following section.

(2) Subject to the following provisions of this section and to the next
following section, an employee shall be treated as dismissed by his employer,
if, but only if

(a)the contract under which he is employed by the employer is terminated by
the employer, whether it is so teminated by notice or without notice, or

(b)where under that contract he is employed for a fixed term, that term
expires without being renewed under the same contract, or

(c)the employee terminates that contract, with or without notice, in
circumstances (not falling within section 20(4)) such that he is entitled to
terminate it without notice by reason of the employer's conduct.

(3) If an employee's contract of employment is renewed, or he is re-engaged
under a new contract of employment in pursuance of an offer (whether in
writing or not) made by his employer before the ending of his employment under
the previous contract, and the renewal or re-engagement takes effect either
immediately on the ending of that employment or after an interval of not more
than four weeks thereafter, then, subject to subsections (5) to (8), the
employee shall not be regarded as having been dismissed by his employer by
reason of the ending of his employment under the previous contract.

(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 if it takes effect on or before the Monday
after that Friday, Saturday or Sunday, and

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

(5) If in a case to which subsection (3) applies, the provisions of the
contract as renewed, or the new contract, as to the capacity and place in
which the employee 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, there shall be a trial period in relation to the
contract as renewed, or the new contract (whether or not there has been a
previous trial period under this section).

(6) The trial period shall begin with the ending of the employee's employment
under the previous contract and end with the expiration of the period of
four weeks beginning with the date on which the employee starts work under the
contract as renewed, or the new contract, or such longer period as may be
agreed in accordance with the next following subsection for the purpose of
retaining the employee for employment under that contract.

(7) Any such agreement shall

(a)be made between the employer and the employee or his representative before
the employee starts work under the contract as renewed or, as the case may be,
the new contract;

(b)be in writing;

(c)specify the date of the end of the trial period; and

(d)specify the terms and conditions of employment which will apply in the
employee's case after the end of that period.

(8) If during the trial period

(a)the employee, for whatever reason, terminates the contract, or gives notice
to terminate it and the contract is thereafter, in consequence, terminated; or

(b)the employer, for a reason connected with or arising out of the change to
the renewed, or new, employment, terminates the contract, or gives notice to
terminate it and the contract is thereafter, in consequence, terminated,

(9) Subject to the next following subsection and to the next following
section, in this Part "the relevant date", in relation to the dismissal of an
employee

(a)where his contract of employment is terminated by notice, whether given by
his employer or by the employee, means the date on which that notice expires;

(b)where his contract of employment is terminated without notice means the
date on which the termination takes effect;

(c)where he is employed under a contract for a fixed term and that term
expires as mentioned in subsection (2)(b), means the date on which that term
expires; and

(d)where he is treated, by virtue of subsection (8), as having been dismissed
on the termination of his employment under a previous contract, means

(i)for the purposes of section 31, the date which is the relevant date as
defined by paragraph (a), (b) or (c) in relation to the renewed, or new,
contract, or, where there has been more than one trial period, the last such
contract; and

(ii)for any other purpose, the date which is the relevant date as defined by
paragraph (a), (b) or (c) in relation to the previous contract, or, where
there has been more than one trial period, the original contract.

(10) Where the notice required to be given by an employer to terminate a
contract of employment by section 1(1) would, if duly given when
notice of termination was given by the employer, or (where no notice was
given) when the contract of employment was terminated by the employer, expire
on a date later than the relevant date as defined by the last preceding
subsection, then for the purposes of section 18(1) and paragraphs 1(1) and
5(5) of Schedule 3 that later date shall be treated as the relevant date in
relation to the dismissal.]

© 1965 Crown Copyright

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