Redundancy Payments Act 1967

Disentitlement to redundancy payment for refusal to accept alternative employment.

15

15. (1) An employee F34 [ ] shall not be entitled to a redundancy payment if F34 [ ]

( a) his employer has offered to renew that employee’s contract of employment or to re-engage him under a new contract of employment,

( b) the provisions of the contract as renewed, or of the new contract, as to the capacity and place in which he would be employed and as to the other terms and conditions of his employment would not differ from the corresponding provisions of the contract in force immediately before F35 [ the termination of his contract ],

( c) the renewal or re-engagement would take effect on or before the date of F35 [ the termination of his contract ], and

( d) he has unreasonably refused the offer.

(2) An employee F34 [ ] shall not be entitled to a redundancy payment if F34 [ ]

( a) his employer has made to him in writing an offer to renew the employee’s contract of employment or to re-engage him under a new contract of employment,

( b) the provisions of the contract as renewed, or of the new contract, as to the capacity and place in which he would be employed and as to the other terms and conditions of his employment would differ wholly or in part from the corresponding provisions of his contract in force immediately before F35 [ the termination of his contract ],

( c) the offer constitutes an offer of suitable employment in relation to the employee,

( d) the renewal or re-engagement would take effect not later than four weeks after the date of F35 [ the termination of his contract ], and

( e) he has unreasonably refused the offer.

F36 [ (2A) Where an employee who has been offered suitable employment and has carried out, for a period of not more than four weeks, the duties of that employment, refuses the offer, the temporary acceptance of that employment shall not solely constitute an unreasonable refusal for the purposes of this section. ]

F37 [ (2B) Where

( a ) an employee s remuneration is reduced substantially but not to less than one-half of his normal weekly remuneration, or his hours of work are reduced substantially but not to less than one-half of his normal weekly hours, and

( b ) the employee temporarily accepts the reduction in remuneration or hours of work and indicates his acceptance to his employer,

such a temporary acceptance for a period not exceeding 52 weeks shall not be taken to be an acceptance by the employee of an offer of suitable employment in relation to him. ]

F35 [ (3) Where a person who is entitled to a weekly payment has unreasonably refused suitable employment offered or approved by the National Manpower Service, that person shall be disqualified from receiving F38 [ any further weekly payments ] . ]