Redundancy Payments Act 1967

Employee anticipating expiry of employer’s notice.

10

10. (1) This section shall have effect where—

( a) an employer gives notice to an employee to terminate his contract of employment, and

( b) at a time within the obligatory period of that notice, the employee gives notice in writing to the employer to terminate the contract of employment on a date earlier than the date on which the employer’s notice is due to expire.

(2) Subject to subsection (3), in the circumstances specified in subsection (1) the employee shall, for the purposes of this Part, be taken to be dismissed by his employer, and the date of dismissal in relation to that dismissal shall be the date on which the employee’s notice expires.

(3) If, before the employee’s notice is due to expire, the employer gives him notice in writing—

( a) requiring him to withdraw his notice terminating the contract of employment as mentioned in subsection (1) ( b) and to continue in the employment until the date on which the employer’s notice expires, and

( b) stating that, unless he does so, the employer will contest any liability to pay to him a redundancy payment in respect of the termination of his contract of employment,

but the employee unreasonably refuses to comply with the requirements of that notice, the employee shall not be entitled to a redundancy payment by virtue of subsection (2).

F28 [ (3A) Where an employer agrees in writing with an employee to alter the date of dismissal mentioned in a notice under subsection (1) ( a ) given by him to that employee so as to ensurethat the employee s notice under subsection (1) ( b ) will be within the obligatory period in relation to the notice under subsection (1) ( a ), the employee s entitlement to redundancy payment shall be unaffected and the employee shall, for the purposes of this Part, be taken to be dismissed by his employer, the date of dismissal in relation to that dismissal being the date on which the employee s notice expires. ]

(4) In this section—

( a) if the actual period of the employer’s notice (that is to say, the period beginning at the time when the notice is given and ending at the time when it expires) is equal to the minimum period which (whether by virtue of any enactment or otherwise) is required to be given by the employer to terminate the contract of employment, “ the obligatory period”, in relation to that notice, means the actual period of the notice;

( b) in any other case,

the obligatory period” , in relation to an employer’s notice, means that period which, being equal to the minimum period referred to in paragraph ( a), expires at the time when the employer’s notice expires.

Annotations

Amendments:

F28

Inserted (6.04.1979) by Redundancy Payments Act 1979 (7/1979), s. 9, S.I. No. 95 of 1979.