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CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 27

Employment wholly or partly abroad.

27.(1) An employee shall not be entitled to a redundancy payment if on
the relevant date he is outside Northern Ireland, unless under his contract of
employment he ordinarily worked in Northern Ireland.

(2) An employee who under his contract of employment ordinarily works outside
Northern Ireland shall not be entitled to a redundancy payment unless on
the relevant date he is in Northern Ireland in accordance with instructions
given to him by his employer.

[(3) Subject to the following provisions of this section, in computing, in
relation to an employee, the period specified in section 18(1), or the period
specified in paragraph 1 of Schedule 3, a week of employment before 6th April
1975 shall not count if

(a)the employee was employed outside Northern Ireland during the whole or part
of that week, and

(b)no employer's contribution in respect of him was paid in respect of the
corresponding contribution week,

(4) For the purposes of the application of the last preceding subsection to a
week of employment where the corresponding contribution week began before 5th
October 1964, an employer's contribution shall be treated as payable as
mentioned in that subsection if such a contribution would have been so payable
if the statutory provisions relating to national insurance which were in force
on 5th October 1964 had been in force in that contribution week.

(4A) Subject to the following provisions of this section, in computing, in
relation to an employee the period specified in section 18(1) or the period
specified in paragraph 1 of Schedule 3, a week of employment after the 6th
April 1975 and before the day appointed for the coming into force of
paragraph 21 of Part II of Schedule 5 to the Industrial Relations (Northern
Ireland) Order 1976 shall not count if

(a) the employee was employed outside Northern Ireland during the whole or
part of that week; and

(b)he was not during that week an employed earner for the purposes of the
Social Security (Northern Ireland) Act 1975.

(4B) Subject to the following provisions of this section, in computing in
relation to an employee, either of those periods, a week of employment after
the day so appointed shall not count if

(a)the employee was employed outside Northern Ireland during the whole or part
of that week; and

(b)he was not during that week an employed earner for the purposes of the
Social Security (Northern Ireland) Act 1975 in respect of whom a secondary
Class 1 contribution was payable under that Act (whether or not such a
contribution was in fact paid).

(5) Where by virtue of subsection (3), (4A) or (4B) a week of employment does
not count in computing such a period as is mentioned in those subsections, the
continuity of that period shall not be broken by reason only that that
week of employment does not count in computing that period.

(6) Any question arising under this section

(a)whether an employer's contribution was paid, or was or would have been
payable, as mentioned in subsection (3) or (4); or

(b)whether a person was an employed earner for the purposes of the Social
Security (Northern Ireland) Act 1975 and if so whether a secondary Class 1
contribution was payable in respect of him under that Act,

(7) The provisions of this section shall have effect subject to section 30 in
cases to which that section applies.

(8) In this section "employer's contribution" has the same meaning as in the
National Insurance Act (Northern Ireland) 1946, "week of employment" means a
week ending with Saturday, and "corresponding contribution week", in relation
to a week of employment, means a contribution week (within the meaning of the
said Act of 1946) of which so much as falls within the period beginning with
midnight between Sunday and Monday and ending with Saturday also falls within
that week of employment.

© 1965 Crown Copyright

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