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).