CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 14 Employee anticipating expiry of employer's notice.

	[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here: BAILII >> Databases >> Northern Irish Legislation >> CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 14

Employee anticipating expiry of employer's notice.

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

(a)an employer gives notice to an employee to terminate his contract of
employment, and

(b)at a time within the obligatory period of that notice, the employee gives
notice in writing to the employer to terminate the contract of employment on a
date earlier than the date on which the employer's notice is due to expire.

(2) Subject to the following provisions of this section, in the circumstances
specified in subsection (1) the employee shall, for the purposes of this Part,
be taken to be dismissed by his employer, and "the relevant date" in relation
to that dismissal shall be the date on which the employee's notice expires.

(3) If, before the employee's notice is due to expire, the employer gives him
notice in writing

(a)requiring him to withdraw his notice terminating the contract of employment
as mentioned in subsection (1)(b) and to continue in the employment until the
date on which the employer's notice expires, and

(b)stating that, unless he does so, the employer will contest any liability to
pay to him a redundancy payment in respect of the termination of his contract
of employment,

(4) Where, in the circumstances specified in subsection (1), the employer has
given notice to the employee under subsection (3), and on a reference to a
tribunal (in accordance with section 19) it appears to the tribunal, having
regard both to the reasons for which the employee seeks to leave the
employment and those for which the employer requires him to continue in it, to
be just and equitable that the employee should receive the whole or part of
any redundancy payment to which he would have been entitled apart from
subsection (3), the tribunal may determine that the employer shall be liable
to pay to the employee

(a)the whole of the redundancy payment to which the employee would have been
so entitled, or

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

(5) In this section

(a)if the actual period of the employer's notice (that is to say, the period
beginning at the time when the notice is given and ending at the time when it
expires) is equal to the minimum period which (whether by virtue of Part I or
otherwise) is required to be given by the employer to terminate the contract
of employment, "the obligatory period", in relation to that notice, means the
actual period of the notice;

(b)in any other case, "the obligatory period", in relation to an employer's
notice, means that period which, being equal to the minimum period referred to
in paragraph (a), expires at the time when the employer's notice expires.

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/coearpai1965652/s14.html

Northern Irish Legislation

CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 14