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CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 65

1965 c.62

65. This Act may be cited as the Contracts of Employment and Redundancy
Payments Act (Northern Ireland) 1965.

1.[(1) Where an employee's period of employment is, for the purposes of any
statutory provision (including any statutory provision contained in this Act),
to be computed in accordance with this Schedule, it shall be computed in
weeks, and in any such statutory provision which refers to a period of
employment expressed in years, a year means 52 weeks (whether continuous or
discontinuous) which count in computing a period of employment.]

(2) Save as otherwise expressly provided, the provisions of this Schedule
apply to periods before it comes into force as they apply to later periods.

(3) For the purpose of computing an employee's period of employment (but not
for any other purpose), the provisions of this Schedule apply to periods
during which the employee is engaged in work wholly or mainly outside Northern
Ireland, and periods during which the employee is excluded by or under
section 6, as they apply to other periods.

2 Except so far as otherwise provided by the following provisions of this
Schedule, any week which does not count under paragraphs 3 to 6 breaks the
continuity of the period of employment.

3. Any week in which the employee is employed for [sixteen hours] or more
shall count in computing a period of employment.

4. Any week during the whole or part of which the employee's relations with
the employer are governed by a contract of employment which normally involves
employment for [sixteen hours] or more weekly shall count in computing a
period of employment.

[4A.(1) If the employee's relations with his employer cease to be governed by
a contract which normally involves work for sixteen hours or more weekly and
become governed by a contract which normally involves employment for
eight hours or more, but less than sixteen hours, weekly, and but for that
change the later weeks would count in computing a period of employment, or
would not break the continuity of a period of employment, then those later
weeks shall count in computing a period of employment or, as the case may be,
shall not break the continuity of a period of employment, notwithstanding that
change.

(2) Not more than twenty-six weeks shall count under this paragraph between
any two periods falling under paragraph 4, and in computing the said figure of
twenty-six weeks no account shall be taken of any week which counts in
computing a period of employment, or does not break the continuity of a period
of employment, otherwise than by virtue of this paragraph.]

[4B.(1) An employee whose relations with his employer are governed, or have
been from time to time governed, by a contract of employment which normally
involves employment for eight hours or more, but less than sixteen hours,
weekly shall nevertheless, if he satisfies the condition referred to in the
next following sub-paragraph, be treated for the purposes of this Schedule
(apart from this paragraph) as if his contract normally involved employment
for sixteen hours or more weekly, and had at all times at which there was a
contract during the period of employment of five years or more referred to in
the next following sub-paragraph normally involved employment for
sixteen hours or more weekly.

(2) The foregoing sub-paragraph shall apply if the employee, on the date by
reference to which the length of any period of employment falls to be
ascertained in accordance with the provisions of this Schedule, has been
continuously employed, within the meaning of the next following sub-paragraph,
for a period of five years or more.

(3) In computing, for the purposes of the foregoing sub-paragraph, an
employee's period of employment the provisions of this Schedule (apart from
this paragraph) shall apply but as if, in paragraphs 3 and 4, for the words
"sixteen hours" wherever they occur, there were substituted the words "eight
hours".]

[4C.(1) If an employee has, at any time during the relevant period of
employment, been continuously employed for a period which qualifies him for
any right which requires a qualifying period of continuous employment computed
in accordance with this Schedule, then, he shall be regarded for the purposes
of qualifying for that right as continuing to satisfy that requirement until
the condition referred to in sub-paragraph (3) occurs.

(2) In this paragraph the relevant period of employment means the period of
employment ending on the date by reference to which the length of any period
of employment falls to be ascertained which would be continuous (in accordance
with the provisions of this Schedule) if at all relevant times the employee's
relations with the employer had been governed by a contract of employment
which normally involved employment for sixteen hours or more weekly.

(3) The condition which defeats the operation of sub-paragraph (1) is that in
a week subsequent to the time at which the employee qualified as referred to
in that sub-paragraph

(a)his relations with his employer are governed by a contract of employment
which normally involves employment for less than eight hours weekly; and

(b)he is employed in that week for less than sixteen hours.

(4) If, in a case in which an employee is entitled to any right by virtue of
sub-paragraph (1), it is necessary for the purpose of ascertaining the amount
of his entitlement to determine for what period he has been continuously
employed, he shall be regarded for that purpose as having been continuously
employed throughout the relevant period.]

5.(1) If in any week the employee is, for the whole or part of the week

(a)incapable of work in consequence of sickness or injury; or

(b)absent from work on account of a temporary cessation of work; or

(c)absent from work in circumstances such that, by arrangement or custom, he
is regarded as continuing in the employment of his employer for all or any
purposes; [or

(d)absent from work wholly or partly because of pregnancy or confinement];

(2) Not more than twenty-six weeks shall count under head (a) [or, subject to
paragraph 5A, head (d)] of sub-paragraph (1) between any [periods falling
under paragraph 3, 4 or 4A.]

(3) Sub-paragraph (1)(b) shall not apply to a temporary cessation of work on
account of a strike in which the employee takes part.

[5A. If an employee returns to work in accordance with Article 29 of the
Industrial Relations (No. 2) (Northern Ireland) Order 1976 after a period of
absence from work wholly or partly occasioned by pregnancy or confinement,
every week during that period shall count in computing a period of employment,
notwithstanding that it does not fall under paragraph 3, 4 or 4A.]

6. If in any week beginning before this Schedule comes into force the employee
was, for the whole or any part of the week, absent from work

(a)because he was taking part in a strike; or

(b)because of a lock-out by the employer;

7.(1) A week shall not count under paragraph 3, [4, 4A, [5 or 5A]] if in that
week, or any part of that week, the employee takes part in a strike.

(2) The continuity of an employee's period of employment is not broken by a
week which does not count under this Schedule, and which begins after it comes
into force, if in that week, or any part of that week, the employee takes part
in a strike.

(3) Sub-paragraph (2) applies whether or not the week would, apart from
sub-paragraph (1), have counted under this Schedule.

8. The continuity of the period of employment is not broken by a week which
begins after this Schedule comes into force and which does not count under
this Schedule, if in that week or any part of that week the employee is absent
from work because of a lock-out by the employer.

9. If a person who is entitled to apply to his former employer under Part II
of the National Service Act 1948 (re-instatement in civil employment) enters
the employment of that employer not later than the end of the six months
period mentioned in section 35(2)(b) of that Act, his previous period of
employment with that employer (or if there was more than one such period, the
last of those periods) and the period of employment beginning in the said
period of six months shall be treated as continuous.

10.(1) Subject to this paragraph and paragraph 11, the foregoing provisions of
this Schedule relate only to employment by the one employer.

(2) If a trade or business or an undertaking (whether or not it be an
undertaking established by or under a transferred provision) is transferred
from one person to another, the period of employment of an employee in the
trade or business or undertaking at the time of the transfer shall count as a
period of employment with the transferee, and the transfer shall not break the
continuity of the period of employment.

(3) If by or under any transferred provision (including such a provision
passed or made after the passing of this Act) a contract of employment between
any body corporate and an employee is modified and some other body corporate
is substituted as the employer, the employee's period of employment at the
time when the modification takes effect shall count as a period of employment
with the second mentioned body corporate, and the change of employer shall not
break the continuity of the period of employment.

(4) If on the death of an employer the employee is taken into the employment
of the personal representatives or trustees of the deceased the employee's
period of employment at the time of the death shall count as a period of
employment with the employer's personal representatives or trustees, and the
death shall not break the continuity of the period of employment.

(5) If there is a change in the partners, personal representatives or trustees
who employ any person, the employee's period of employment at the time of the
change shall count as a period of employment with the partners, personal
representatives or trustees after the change, and the change shall not break
the continuity of the period of employment.

[11.(1) If an employee of an employer is taken into the employment of another
employer who, at the time when the employee enters his employment is an
associated employer of the first mentioned employer, the employee's period of
employment at that time shall count as a period of employment with the second
mentioned employer and the change of employer shall not break the continuity
of the period of employment.

(2) For the purposes of this paragraphs any two employers are to be treated as
associated if one is a company of which the other (directly or indirectly) has
control, or if both are companies of which a third person (directly or
indirectly) has control; and the expression "associated employer" shall be
construed accordingly.]

[11A(1) Subject to the following provisions of this paragraph, the provisions
of this Schedule shall have effect (for the purpose of computing an employee's
period of employment, but not for any other purpose) in relation to
Crown employment and to persons in Crown employment as they have effect in
relation to other employment and to other employees, and accordingly, except
where the context otherwise requires, references to an employer shall be
construed as including a reference to the Crown.

(2) In this paragraph, subject to the next following sub-paragraph, "Crown
employment" means employment under or for the purposes of a Northern Ireland
department or a department of the Government of the United Kingdom.

(3) This paragraph does not apply to service as a member of the naval,
military or air forces of the Crown, or of any women's service administered by
the Defence Council, but does apply to employment by any association
established for the purposes of [Part VI of the Reserve Forces Act 1980].

(4) In so far as a person in Crown employment is employed otherwise than under
a contract of employment, references in this Schedule to an employee's
relations with his employer being governed by a contract of employment which
normally involves employment for a certain number of hours weekly shall be
modified acordingly.

(5) The reference in paragraph 10(2) to an undertaking shall be construed as
including a reference to any function of (as the case may require) a Minister
of the Crown or a Northern Ireland department or a department of the
Government of the United Kingdom.]

12.(1) In this Schedule "week" means a week ending with Saturday.

(2) For the purposes of this Schedule the hours of employment of an employee
who is required by the terms of his employment to live on the premises where
he works shall be the hours during which he is on duty or during which his
services may be required.

1.(1) In this Schedule

(a)the "period of notice" means the period of notice required by section 1(1)
or, as the case may be, section 1(2); and

(b)"normal working hours" shall be construed in accordance with Part I of
Schedule 2 to the Industrial Relations (Northern Ireland) Order 1976.

(2) For the purposes of Part II of Schedule 2 to the Industrial Relations
(Northern Ireland) Order 1976 as it applies for the calculation of a week's
pay for the purposes of this Schedule, the calculation date is the day
immediately preceding the first day of the period of notice.

2.(1) If an employee has normal working hours under the contract of employment
in force during the period of notice, and if during any part of those
normal working hours

(a)the employee is ready and willing to work but no work is provided for him
by his employer; or

(b)the employee is incapable of work because of sickness or injury; or

(c)the employee is absent from work in accordance with the terms of his
employment relating to holidays,

(2) Any payments made to the employee by his employer in respect of the
relevant part of the period of notice whether by way of sick pay, holiday pay
or otherwise, shall go towards meeting the employer's liability under this
paragraph.

(3) Where notice was given by the employee, the employer's liability under
this paragraph shall not arise unless and until the employee leaves the
service of the employer in pursuance of the notice.

3.(1) If an employee does not have normal working hours under the contract of
employment in force in the period of notice the employer shall be liable to
pay the employee for each week of the period of notice a sum not less than a
week's pay.

(2) Subject to the next following sub-paragraph, the employer's obligation
under this paragraph shall be conditional on the employee being ready and
willing to do work of a reasonable nature and amount to earn a week's pay.

(3) Sub-paragraph (2) shall not apply

(a)in respect of any period during which the employee is incapable of work
because of sickness or injury, or

(b)in respect of any period during which the employee is absent from work in
accordance with the terms of his employment relating to holidays,

(4) Where the notice was given by the employee, the employer's liability under
this paragraph shall not arise unless and until the employee leaves the
service of the employer in pursuance of the notice.

4.(1) The following provisions of this paragraph shall have effect where the
arrangements in force relating to the employment are such that

(a)payments by way of sick pay are made by the employer to employees to whom
the arrangements apply, in cases where any such employees are incapable of
work because of sickness or injury; and

(b)in calculating any payment so made to any such employee an amount
representing, or treated as representing, sickness benefit or industrial
injury benefit is taken into account, whether by way of deduction or by way of
calculating the payment as a supplement to that amount.

(2) If during any part of the period of notice the employee is incapable of
work because of sickness or injury, and

(a)one or more payments, by way of sick pay are made to him by the employer in
respect of that part of the period of notice, and

(b)in calculating any such payment such an amount as is referred to in
sub-paragraph (1)(b) is taken into account as therein mentioned,

5. The employer shall not be liable under the foregoing provisions of this
Schedule to make any payment in respect of a period during which the employee
is absent from work with the leave of the employer granted at the request of
the employee [(including any period of time off taken in accordance with
Articles 37, 38, 39 or 41 of the Industrial Relations (No. 2) (Northern
Ireland) Order 1976)].

6. No payment shall be due under this Schedule in consequence of a notice to
terminate a contract given by an employee if, after the notice is given and on
or before the termination of the contract, the employee takes part in a strike
of employees of the employer.

7.(1) If, during the period of notice, the employer breaks the contract of
employment, payments received under this Schedule in respect of the part of
the period after the breach shall go towards mitigating the damages
recoverable by the employee for loss of earnings in that part of the
period of notice.

(2) If, during the period of notice, the employee breaks the contract and the
employer rightfully treats the breach as terminating the contract, no payment
shall be due to the employee under this Schedule in respect of the part of the
period of notice falling after the termination of the contract.]

1.(1) The amount of a redundancy payment to which an employee is entitled in
any case shall, subject to the following provisions of this Schedule, be
calculated by reference to the period, ending with the relevant date, during
which he has been continuously employed; and for the purposes of this Schedule
that period shall be computed in accordance with Schedule 1, but as if

(a)any week which began before the employee attained the age of eighteen were
excluded, ...,

(b)the continuity of an employee's period of employment were not broken by a
week which does not count under that Schedule, if the whole or part of that
week falls within any such interval as is referred to in section 18(3), [and

(c)the period of any such interval as is referred to in section 18(3A) counted
as a period of employment notwithstanding that it does not count under that
Schedule.]

(2) Where section 27 [section 34 or section 34A] applies, sub-paragraph (1)
shall have effect subject to that section.

2. Subject to paragraphs 3 and 4, the amount of the redundancy payment shall
be calculated by reference to the period specified in paragraph 1 by starting
at the end of that period and reckoning backwards the number of years of
employment falling within that period, and allowing

(a)one and a half weeks' pay for each such year of employment which consists
wholly of weeks in which the employee was not below the age of forty-one;

(b)one week's pay for each such year of employment (not falling within
sub-paragraph (a)) which consists wholly of weeks in which the employee was
not below the age of twenty-two; and

(c)half a week's pay for each such year of employment not falling within
sub-paragraph (a) or (b).

3. Where, in reckoning the number of years of employment in accordance with
paragraph 2, twenty years of employment have been reckoned, no account shall
be taken of any year of employment earlier than those twenty years.

4.(1) Where in the case of an employee the relevant date is after
the specified anniversary, the amount of the redundancy payment, calculated in
accordance with the preceding provisions of this Schedule, shall be reduced by
the appropriate fraction.

(2) In this paragraph "the specified anniversary", in relation to a man, means
the sixty-fourth anniversary of the day of his birth, and, in relation to a
woman, means the fifty-ninth anniversary of the day of her birth, and "the
appropriate fraction" means the fraction of which

(a)the numerator is the number of whole months, reckoned from
the specified anniversary, in the period beginning with that anniversary and
ending with the relevant date, and

(b)the denominator is twelve.

[5.(1) For the purposes of Part II of Schedule 2 to the Industrial Relations
(Northern Ireland) Order 1976 as it applies for the calculation of a week's
pay for the purposes of this Schedule, the calculation date is, subject to
sub-paragraph (3), the date on which notice would have been given by the
employer had the conditions referred to in the next following sub-paragraph
been fulfilled (whether those conditions were in fact fulfilled or not).

(2) Those conditions are that the contract was terminable by notice and was
terminated by the employer giving such notice as is required to terminate that
contract by section 1(1) and that the notice expired on the relevant date.

(3) Where by virtue of section 13(10) a date is to be treated as
the relevant date for the purposes of certain provisions of this Act (which do
not include this sub-paragraph) which is later than the relevant date as
defined by subsection (9) of that section, then, for the purposes of Part II
of Schedule 2 to the Industrial Relations (Northern Ireland) Order 1976 as it
applies for the calculation of a week's pay for the purposes of this Schedule,
the calculation date is the relevant date as defined by the said subsection
(9).

(4) Notwithstanding anything in the said Part II of Schedule 2, the amount of
a week's pay for the purpose of calculating a redundancy payment shall not
exceed [#130].

(5) Without prejudice to the generality of the power under Article 70 of the
Industrial Relations (Northern Ireland) Order 1976 to make transitional
provision in an order under that Article, such an order may provide that it
shall apply in the case of a dismissal in relation to which the relevant date
for the purposes of this sub-paragraph falls after the order comes into
operation, notwithstanding that the relevant date for the purposes of other
provisions of this Act falls before the order comes into operation.]

6. For the purposes of any provision contained in Part II whereby a tribunal
may determine that an employer shall be liable to pay to an employee either

(a)the whole of the redundancy payment to which the employee would have been
entitled apart from another provision therein mentioned, or

(b)such part of that redundancy payment as the tribunal thinks fit,

7. The preceding provisions of this Schedule shall have effect without
prejudice to the operation of any regulations made under section 24 whereby
the amount of a redundancy payment, or part of a redundancy payment, may be
reduced.

8. Where the relevant date does not occur at the end of a week, any reference
in the preceding provisions of this Schedule to the relevant date shall be
construed as a reference to the end of the week in which that date falls.

9. In this Schedule "week" [except in the expression "a week's pay",] means a
week ending with Saturday ....

Schedule 4 rep. by 1976 NI 16 art.82(3) sch.7

1. The provisions of this Part shall have effect in relation to an employee
where his employer (in this Part referred to as "the deceased employer") dies.

2. Section 23 shall not apply to any change whereby the ownership of the
business, for the purposes of which the employee was employed by
the deceased employer, passes to a personal representative of
the deceased employer.

[3. Where by virtue of subsection (1) of section 32 the death of
the deceased employer is to be treated for the purposes of this Act as a
termination by him of the contract of employment, section 13 shall have effect
subject to the following modifications:

(a)for subsection (3) there shall be substituted the following subsection:

(i)"(3) If an employee's contract of employment is renewed, or he is
re-engaged under a new contract of employment, by a personal representative of
the deceased employer and the renewal or re-engagement takes effect not later
than eight weeks after the death of the deceased employer, then, subject to
subsections (5) and (8), the employee shall not be regarded as having been
dismissed by reason of the ending of his employment under the previous
contract";

(b)in subsection (4) paragraph (a) shall be omitted and in paragraph (b) for
the words "four weeks" there shall be substituted the words "eight weeks";

(c)in subsections (7) and (8) references to the employer shall be construed as
references to the personal representative of the deceased employer.

4. Where by reason of the death of the deceased employer the employee is
treated for the purposes of this Act as having been dismissed by him,
section 12 shall have effect subject to the following modifications:

(a)for subsection (3) there shall be substituted the following subsection

(i)"(3) If a personal representative of the deceased employer makes an
employee an offer (whether in writing or not) 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 not later than eight weeks
after the death of the deceased employer the provisions of subsections (5) and
(6) shall have effect";

(b)in subsection (4) paragraph (a) shall be omitted and in paragraph (b) for
the words "four weeks" there shall be substituted the words "eight weeks";

(c)in subsection (5) the reference to the employer shall be construed as a
reference to the personal representative of the deceased employer.]

5. For the purposes of paragraph 4

(a)an offer shall not be treated as one whereby the provisions of the contract
as renewed, or of the new contract, as the case may be, would differ from the
corresponding provisions of the contract as in force immediately before the
death of the deceased employer by reason only that the personal representative
would be substituted as the employer for the deceased employer, and

(b)no account shall be taken of that substitution in determining whether the
refusal of the offer was unreasonable [or, as the case may be, whether the
employee acted reasonably in terminating the renewed, or new, employment
during the trial period referred to in section 13.]

Para.6 rep. by 1976 NI 16 art.82(3) sch.7

7. Where the employee has before the death of the deceased employer been laid
off or kept on short-time for one or more weeks, but has not given to
the deceased employer notice of intention to claim, then if after the death of
the deceased employer

(a)his contract of employment is renewed, or he is re-engaged under a new
contract, [by a personal representative of the deceased employer], and

(b)after the renewal or re-engagement, he is laid off or kept on short-time
for one or more weeks by the personal representative of the deceased employer,

8. The provisions of paragraph 9 or (as the case may be) paragraph 10 shall
have effect where the employee has given to the deceased employer
notice of intention to claim, and

(a)the deceased employer has died before the end of the next four weeks after
the service of that notice, and

(b)the employee has not terminated the contract of employment by notice
expiring before the death of the deceased employer.

9. If in the circumstances specified in paragraph 8 the employee's contract of
employment is not renewed by a personal representative of
the deceased employer before the end of the next four weeks after the service
of the notice of intention to claim, and he is not re-engaged under a new
contract by such a personl representative before the end of those four weeks,
subsections (1) to (3) of section 16 and (in relation to subsection (1) of
that section) subsections (2) and (3) of section 17 shall apply as if

(a)the deceased employer had not died, and

(b)the employee had terminated the contract of employment by a week's notice
(or, if under the contract he is required to give more than a week's notice to
terminate the contract, he had terminated it by the minimum notice which he is
so required to give) expiring at the end of those four weeks,

10.(1) The provisions of this paragraph shall have effect where, in the
circumstances specified in paragraph 8, the employee's contract of employment
is renewed by a personal representative of the deceased employer before the
end of the next four weeks after the service of the
notice of intention to claim, or he is re-engaged under a new contract by such
a personal representative before the end of those four weeks, and

(a)he was laid off or kept on short-time by the deceased employer for one or
more of those weeks, and

(b)he is laid off or kept on short-time by the personal representative for the
week, or for the next two or more weeks, following the renewal or
re-engagement.

(2) Where the conditions specified in sub-paragraph (1) are fulfilled,
sections 16 and 17 shall apply as if

(a)all the weeks for which the employee was laid off or kept on short-time as
mentioned in sub-paragraph (1) were consecutive weeks during which he was
employed (but laid off or kept on short-time) by the same employer, and

(b)each of the periods specified in paragraphs (a) and (b) of subsection (5)
of section 17 were extended by any week or weeks any part of which was after
the death of the deceased employer and before the date on which the renewal or
re-engagement took effect.

11. In paragraphs 7 to 10 "week" and "notice of intention to claim" have the
same meanings as in section 16.

Para.12 rep. by 1976 NI 16 art.82(3) sch.7

13. For the purposes of the application, in accordance with section 29(1), of
any provisions of this Act in relation to an employee who was employed as a
domestic servant in a private household, any reference to a personal
representative in

(a)this Part, or

(b)paragraph 10 of Schedule 1,

14. Subject to the preceding provisions of this Part, in relation to an
employer who has died

(a)any reference in this Act to the doing of anything by, or in relation to,
an employer shall be construed as including a reference to the doing of that
thing by, or in relation to, any personal representative of
the deceased employer, and

(b)any reference in this Act to a thing required or authorised to be done by,
or in relation to, an employer shall be construed as including a reference to
anything which, in accordance with any provision of this Act as modified by
this Part (including sub-paragraph (a)), is required or authorised to be done
by, or in relation to, any personal representative of his.

15. Where by virtue of any provision of this Act, as modified by this Part, a
personal representative of the deceased employer is liable to pay a redundancy
payment, or part of a redundancy payment, and that liability had not accrued
before the death of the deceased employer, it shall be treated for all
purposes as if it were a liability of the deceased employer which had accrued
immediately before his death.

16.[(1)] Where an employer has given notice to an employee to terminate his
contract of employment, and before that notice expires the employee dies, the
provisions of Part II of this Act shall apply as if the contract had been duly
terminated by the employer by notice expiring on the date of the employee's
death.

[(2) Where the employee's contract of employment has been terminated by the
employer and by virtue of section 13(10) a date later than the relevant date
as defined by subsection (9) of that section is to be treated as
the relevant date for the purposes of certain provisions of this Act, and
before that later date the employee dies, the said subsection (10) shall have
effect as if the notice referred to in that subsection as required to be given
by an employer would have expired on the employee's death.]

17.[(1)] Where an employer has given notice to an employee to terminate his
contract of employment, and has offered to renew his contract of employment,
or to re-engage him under a new contract, then if

(a)the employee dies without having either accepted or refused the offer, and

(b)the offer has not been withdrawn before his death,

[(2) Where an employee's contract of employment has been renewed, or he has
been re-engaged under a new contract of employment, and during the trial
period the employee dies without having terminated or having given notice to
terminate the contract, subsection (6) of that section shall apply as if for
the words from "and during the trial period" to "terminated" there were
substituted the words "and it would have been unreasonable for the employee,
during the trial period referred to in section 13, to terminate or give notice
to terminate the contract".]

[17A. Where an employee's contract of employment has been renewed, or he has
been re-engaged under a new contract of employment, and during the trial
period he gives notice to terminate the contract but dies before the expiry of
that notice sections 12(6) and 13(8)(a) shall have effect as if that notice
had expired and the contract had thereby been terminated on the date of the
employee's death.]

18.(1) Where, in the circumstances specified in paragraphs (a) and (b) of
subsection (1) of section 14, the employee dies before the notice given by him
under paragraph (b) of that subsection is due to expire and before the
employer has given him notice under subsection (3) of that section, subsection
(4) of that section shall apply as if the employer had given him such notice
and he had not complied with it.

(2) Where, in the circumstances specified in paragraphs (a) and (b) of
subsection (1) of that section, the employee dies before his notice given
under paragraph (b) of that subsection is due to expire but after the employer
has given him notice under subsection (3) of that section, subsections (3) and
(4) of that section shall apply as if the circumstances were that the employee
had not died, but did not comply with the last-mentioned notice.

19.(1) Where an employee has given notice of intention to claim and dies
before he has given notice to terminate his contract of employment and before
the period allowed for the purposes of subsection (3)(a) of section 16 has
expired, the said subsection (3)(a) shall not apply.

(2) Where an employee, who has given notice of intention to claim, dies within
seven days after the service of that notice, and before the employer has given
a counter-notice, the provisions of sections 16 and 17 shall apply as if the
employer had given a counter-notice within those seven days.

(3) In this paragraph "notice of intention to claim" and "counter-notice" have
the same meanings as in section 17.

20.[(1)] In relation to the making of a claim by a personal representative of
a deceased employee who dies before the end of the period of six months
beginning with the relevant date, [subsection (1) of] section 31 shall apply
with the substitution, for the words "six months", of the words "one year".]

[(2) In relation to the making of a claim by a personal representative of a
deceased employee who dies after the end of the period of six months beginning
with the relevant date and before the end of the following period of
six months, subsection (2) of section 31 shall apply with the substitution,
for the words "six months", of the words "one year".

21. Subject to the preceding provisions of this Part, in relation to an
employee who has died

(a)any reference in this Act to the doing of anything by, or in relation to,
an employee shall be construed as including a reference to the doing of that
thing by, or in relation to, any personal representative of the deceased
employee, and

(b)any reference in this Act to a thing required or authorised to be done by,
or in relation to, an employee shall be construed as including a reference to
anything which, in accordance with any provision of this Act as modified by
this Part (including sub-paragraph (a)), is required or authorised to be done
by, or in relation to, any personal representative of his.

[21A.(1) If there is no personal representative of a deceased employee,
tribunal proceedings arising under any of the provisions of this Act (or
proceedings to enforce a tribunal award made in any such proceedings) may be
instituted or continued on behalf of the estate of the deceased employee by
such other person as the tribunal may appoint being either

(a)a person authorised by the employee to act in connection with the
proceedings before the employee's death; or

(b)the widower, widow, child, father, mother, brother or sister of the
deceased employee,

(2) In such a case any award made by the tribunal shall be in such terms and
shall be enforceable in such manner as may be provided by regulations made by
the Department, subject to negative resolution.]

22.(1) Any right of a personal representative of a deceased employee to a
redundancy payment, where that right had not accrued before the employee's
death, shall devolve as if it had accrued before his death.

(2) In relation to any case where, under any provision contained in Part II of
this Act as modified by the preceding provisions of this Part, a tribunal has
power to determine that an employer shall be liable to pay to a personal
representative of a deceased employee either

(a)the whole of a redundancy payment to which he would have been entitled
apart from another provision therein mentioned, or

(b)such part of such a redundancy payment as the tribunal thinks fit,

1. In this Part "rebate" has the same meaning as in Part III of this Act;
"year of employment" has the meaning assigned to it by paragraph 9 of
Schedule 3; ....

2. Subject to sections 40(6) and 44, and to the following provisions of this
Part, the amount of any rebate payable in respect of a redundancy payment
shall be calculated by taking the number of years of employment by reference
to which the redundancy payment falls to be calculated in accordance with
Schedule 3, and allowing

(a)[[123/200] of one week's] pay for each year of employment falling within
sub-paragraph (a) of paragraph 2 of that Schedule;

(b)[41/100] of one week's pay for each year of employment falling within
sub-paragraph (b) of that paragraph; and

(c)[41/200] of one week's pay for each year of employment falling within
sub-paragraph (c) of that paragraph.

3. Where the amount of the redundancy payment, calculated in accordance with
paragraphs 1, 2 and 3 of Schedule 3, is reduced by virtue of paragraph 4 of
that Schedule, the amount of the rebate shall be [41/100] of the amount of the
redundancy payment as so reduced.

4.(1) The provisions of this paragraph shall have effect in relation to any
case where

(a)under any provision contained in Part II of this Act a tribunal is
empowered to determine that an employer shall be liable to pay to an employee
either the whole or part of the redundancy payment to which the employee would
have been entitled apart from another provision therein mentioned, and

(b)the tribunal determines that the employer shall be liable to pay part (but
not the whole) of that redundacy payment.

(2) There shall be ascertained what proportion that part of the redundancy
payment bears to the whole of it (in this paragraph referred to as "the
relevant proportion").

(3) There shall also be ascertained what, in accordance with the preceding
provisions of this Part, would have been the amount of the rebate payable in
respect of that redundancy payment if the employer had been liable to pay the
whole of it.

(4) Subject to paragraph 5, the amount of the rebate payable in that case
shall then be an amount equal to the relevant proportion of the amount
referred to in sub-paragraph (3).

5. Where the amount of a redundancy payment or part of a redundancy payment is
reduced in accordance with regulations made under section 24,

(a)the proportion by which it is so reduced shall be ascertained, and

(b)the amount of any rebate calculated by reference to that payment shall be
reduced by that proportion.

6. The provisions of this Part shall have effect for the purpose of
calculating the amount of any rebate payable in respect of an employer's
payment which is not a redundancy payment or part of a redundancy payment (in
this Part referred to as "the agreed payment").

7. In this Part "rebate" and "employer's payment" have the same meanings as in
Part III of this Act; "the agreement", in relation to the agreed payment,
means the agreement referred to in paragraph (b) or paragraph (c) of
section 40(1) by reference to which that payment is payable; and "the relevant
provisions of the agreement" means those provisions of the agreement which
relate to either of the following matters, that is to say

(a)the circumstances in which the continuity of an employee's period of
employment is to be treated as broken, and

(b)the weeks which are to count in computing a period of employment.

8. In this Part any reference to the amount of the relevant redundancy
payment, in relation to the agreed payment, shall be construed as a reference
to the amount of the redundancy payment which the employer would have been
liable to pay to the employee if

(a)the order referred to in paragraph (b) of subsection (1) of section 40, or
(as the case may be) the order and the award referred to in paragraph (c) of
that subsection, had not been made;

(b)the circumstances in which the agreed payment is payable had been such that
the employer was liable to pay a redundancy payment to the employee in those
circumstances;

(c)in relation to that redundancy payment, the relevant date had been the date
on which the termination of the employee's contract of employment is treated
for the purposes of the agreement as having taken effect; and

(d)in so far as the relevant provisions of the agreement are inconsistent with
the provisions of Schedule 1 as to the matters referred to in sub-paragraphs
(a) and (b) of paragraph 7, those provisions of the agreement were substituted
for those provisions of Schedule 1;

9. Subject to sections 40(6) and 44, and to the following provisions of this
Part, the amount of any rebate payable in respect of the agreed payment shall
be an amount calculated as follows, that is to say, by taking the number of
years of employment by reference to which the amount of the relevant
redundancy payment would fall to be calculated in accordance with Schedule 3
(as that Schedule would have applied if the assumed conditions were
fulfilled), and allowing

(a)[[123/200] of one week's] pay for each such year of employment falling
within sub-paragraph (a) of paragraph 2 of that Schedule;

(b)[41/100] of one week's pay for each such year of employment falling within
sub-paragraph (b) of that paragraph; and

(c)[41/200] of one week's pay for each such year of employment falling within
sub-paragraph (c) of that paragraph.

10. For the purposes of paragraph 9, paragraph 1 of Schedule 3 shall be
construed as if sub-paragraphs (1)(b) and (2) of that paragraph were omitted.

11. Where the amount of the agreed payment is less than the amount of the
relevant redundancy payment

(a)the proportion which it bears to the amount of the relevant redundancy
payment shall be ascertained, and

(b)the amount of the rebate shall (except as provided by paragraph 12) be that
proportion of the amount calculated in accordance with the preceding
provisions of this Part.

12. Where the amount of the relevant redundancy payment calculated in
accordance with paragraphs 1, 2 and 3 of Schedule 3 would (if the assumed
conditions were fulfilled) have been reduced by virtue of paragraph 4 of that
Schedule, the amount of the rebate shall be [41/100] of the amount of the
relevant redundancy payment as so reduced.

Para.13 rep. by 1976 NI 16 art.82(3) sch.7

1.(1) Where the employer's payment is a redundancy payment, the sum referred
to in section 42(2) is a sum equal to the amount of that payment.

(2) Where, in a case falling within section 40(5), the employer's payment is
part of a redundancy payment, the sum referred to in section 42(2) is a sum
equal to the amount of that part of the payment.

2.(1) The provisions of this paragraph shall have effect for the purpose of
determining the sum referred to in section 42(2) in relation to an employer's
payment which is not a redundancy payment or part of a redundancy payment.

(2) Paragraph 7 of Schedule 6 (except in so far as it defines "rebate") and
paragraph 8 of that Schedule shall have effect for the purposes of this
paragraph as they have effect for the purposes of Part II of that Schedule;
and in the application of those paragraphs in accordance with this
sub-paragraph the employer's payment in relation to which the sum referred to
in section 42(2) falls to be determined shall be taken to be
the agreed payment.

(3) In relation to any such employer's payment, the sum in question shall be a
sum equal to

(a)the amount of the employer's payment, or

(b)the amount of the relevant redundancy payment,

3. In this Schedule "employer's payment" has the same meaning as in Part III.

Schedule 9Repeal

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