PART XIIREDUNDANCY PAYMENTS ETC.

CHAPTER VOTHER PROVISIONS ABOUT REDUNDANCY PAYMENTS

Claims for redundancy payment199

1

An employee does not have any right to a redundancy payment unless, before the end of the period of six months beginning with the relevant date—

a

the payment has been agreed and paid,

b

the employee has made a claim for the payment by notice in writing given to the employer,

c

a question as to the employee's right to, or the amount of, the payment has been referred to an industrial tribunal, or

d

a complaint relating to his dismissal has been presented by the employee under Article 145.

2

An employee is not deprived of his right to a redundancy payment by paragraph (1) if, during the period of six months immediately following the period mentioned in that paragraph, the employee—

a

makes a claim for the payment by notice in writing given to the employer,

b

refers to an industrial tribunal a question as to his right to, or the amount of, the payment, or

c

presents a complaint relating to his dismissal under Article 145,

and it appears to the tribunal to be just and equitable that the employee should receive a redundancy payment.

3

In determining under paragraph (2) whether it is just and equitable that an employee should receive a redundancy payment an industrial tribunal shall have regard to—

a

the reason shown by the employee for his failure to take any such step as is referred to in paragraph (2) within the period mentioned in paragraph (1), and

b

all the other relevant circumstances.

F14

Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraphs (1)(c) and (2).