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CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 47

47.(1) The provisions of this section shall have effect where, after an
employer has given notice to an employee to terminate his contract of
employment (in this section referred to as a "notice of termination"),

(a)the employee begins to take part in a strike of employees of the employer,
and

(b)the employer serves on him a notice in writing (in this section referred to
as a "notice of extension") requesting him to agree to extend the contract of
employment beyond the time of expiry by an additional period comprising as
many available days as the number of working days lost by striking (in this
section referred to as "the proposed period of extension").

(2) A notice of extension shall indicate the reasons for which the employer
makes the request contained in the notice, and shall state that unless either

(a)the employee complies with the request, or

(b)the employer is satisfied that, in consequence of sickness, injury or
otherwise, he is unable to comply with it, or that (notwithstanding that he is
able to comply with it) in the circumstances it is reasonable for him not to
do so,

(3) For the purposes of this section an employee shall be taken to comply with
the request contained in a notice of extension if, but only if, on each
available day within the proposed period of extension, he attends at his
proper or usual place of work and is ready and willing to work, whether he has
signified his agreement to the request in any other way or not.

(4) Where an employee on whom a notice of extension has been served

(a)complies with the request contained in the notice, or

(b)does not comply with it, but attends at his proper or usual place of work
and is ready and willing to work on one or more (but not all) of the
available days within the proposed period of extension,

(5) Subject to subsection (6), if an employee on whom a notice of extension is
served in pursuance of subsection (1) does not comply with the request
contained in the notice, he shall not be entitled to a redundancy payment by
reason of the dismissal effected by the notice of termination, unless the
employer agrees to pay such a payment to him notwithstanding that the request
has not been complied with.

(6) Where a notice of extension has been served, and on a reference to a
tribunal it appears to the tribunal that the employee has not complied with
the request contained in the notice and the employer has not agreed to pay a
redundancy payment in respect of the dismissal in question, but that the
employee was unable to comply with the request, or it was reasonable for him
not to comply with it, as mentioned in subsection (2)(b), the tribunal may
determine that the employer shall be liable to pay to the employee

(a)the whole of any redundancy payment to which the employee would have been
entitled apart from subsection (5), or

(b)such part of any such redundancy payment as the tribunal thinks fit.

(7) The service of a notice of extension, and any extension, by virtue of
subsection (4), of the period specified in a notice of termination,

(a)shall not affect any right either of the employer or of the employee to
terminate the contract of employment (whether before, at or after the
time of expiry) by a further notice or without notice, and

(b)shall not affect the operation of Part II in relation to any such
termination of the contract of employment.

(8) In this section any reference to the number of working days lost by
striking is a reference to the number of working days in the period beginning
with the date of service of the notice of termination and ending with the
time of expiry which are days on which the employee in question takes part in
a strike of employees of the employer.

(9) In this section "time of expiry", in relation to a notice of termination,
means the time at which the notice would expire apart from this section,
"working day", in relation to an employee, means a day on which, in accordance
with his contract of employment, he is normally required to work, "available
day", in relation to an employee, means a working day beginning at or after
the time of expiry which is a day on which he is not taking part in a strike
of employees of the employer, and "available day within the proposed period of
extension" means an available day which begins before the end of that period.

© 1965 Crown Copyright

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