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Employment Rights Act 1996

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  • s. 8(2)(e) and word inserted by S.I. 2018/147 art. 2(b)
  • s. 43K(1)(ca) and word omitted by 2013 c. 24 s. 20(5) (This amendment not applied to legislation.gov.uk. The insertion of s. 43K(1)(ba) by S.I. 2006/1056, Sch. para. 7 is to come into force on the day on which 2005 asp 13, s. 20 comes into force and that provision has never been brought into force)
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  • s. 47AA inserted by 2008 c. 25 s. 37
  • s. 49C inserted by 2017 c. 16 s. 32(4)
  • s. 101B inserted by 2008 c. 25 s. 38
  • s. 105(4B) inserted by 2008 c. 25 s. 39(3)
  • s. 108(3)(de) inserted by 2008 c. 25 s. 39(4)
  • s. 110(3A) inserted by 2002 c. 22 s. 44
141 Renewal of contract or re-engagement.E+W+S

(1)This section applies where an offer (whether in writing or not) is made to an employee before the end of his employment—

(a)to renew his contract of employment, or

(b)to re-engage him under a new contract of employment,

with renewal or re-engagement to take effect either immediately on, or after an interval of not more than four weeks after, the end of his employment.

(2)Where subsection (3) is satisfied, the employee is not entitled to a redundancy payment if he unreasonably refuses the offer.

(3)This subsection is satisfied where—

(a)the provisions of the contract as renewed, or of the new contract, as to—

(i)the capacity and place in which the employee would be employed, and

(ii)the other terms and conditions of his employment,

would not differ from the corresponding provisions of the previous contract, or

(b)those provisions of the contract as renewed, or of the new contract, would differ from the corresponding provisions of the previous contract but the offer constitutes an offer of suitable employment in relation to the employee.

(4)The employee is not entitled to a redundancy payment if—

(a)his contract of employment is renewed, or he is re-engaged under a new contract of employment, in pursuance of the offer,

(b)the provisions of the contract as renewed or new contract as to the capacity or place in which he is employed or the other terms and conditions of his employment differ (wholly or in part) from the corresponding provisions of the previous contract,

(c)the employment is suitable in relation to him, and

(d)during the trial period he unreasonably terminates the contract, or unreasonably gives notice to terminate it and it is in consequence terminated.

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