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CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 34

Modification of right to redundancy payment where previous redundancy payment has been paid.

34.(1) The provisions of this section shall have effect where

(a)a redundancy payment is paid to an employee, whether in respect of
dismissal or in respect of lay-off or short-time;

(b)the contract of employment under which he was employed (in this section
referred to as "the previous contract") is renewed, whether by the same or
another employer, or he is re-engaged under a new contract of employment,
whether by the same or another employer; and

(c)the circumstances of the renewal or re-engagement are such that, in
determining for the purposes of section 11(1) or Schedule 3 whether at any
subsequent time he has been continuously employed for the requisite period, or
for what period he has been continuously employed, the continuity of his
period of employment would, apart from this section, be treated as not having
been broken by the termination of the previous contract and the renewal or
re-engagement.

(2) Where the conditions mentioned in subsection (1) are fulfilled, then in
determining, for the purposes of section 11(1) or Schedule 3, whether at any
subsequent time he has been continuously employed for the requisite period, or
for what period he has been continuously employed, the continuity of the
period of employment shall be treated as having been broken at the date which
was the relevant date in relation to the redundancy payment mentioned in
subsection (1)(a), and accordingly no account shall be taken of any time
before that date.

(3) For the purposes of this section a redundancy payment shall be treated as
having been paid if

(a)the whole of the payment has been paid to the employee by the employer, or,
in a case where a tribunal has determined that the employer is liable to pay
part (but not the whole) of the redundancy payment, that part of the
redundancy payment has been paid in full to the employee by the employer, or

(b)the Ministry has paid a sum to the employee in respect of the redundancy
payment under section 42.[

© 1965 Crown Copyright

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