Section 142 — Employment Rights Act 1996: Employee anticipating expiry of employer’s notice.

Employee anticipating expiry of employer’s notice. 142 1 Subject to subsection (3), an employee is not entitled to a redundancy payment where—

a he is taken to be dismissed by virtue of section 136(3) by reason of giving to his employer notice terminating his contract of employment on a date earlier than the date on which notice by the employer terminating the contract is due to expire, b before the employee’s notice is due to expire, the employer gives him a notice such as is specified in subsection (2),

and c the employee does not comply with the requirements of that notice.

2 The employer’s notice referred to in subsection (1)(b) is a notice in writing—

a requiring the employee to withdraw his notice terminating the contract of employment and to continue in employment until the date on which the employer’s notice terminating the contract 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.

3 An employment tribunal may determine that the employer is liable to make an appropriate payment to the employee if on a reference to the tribunal it appears to the tribunal, having regard to—

a the reasons for which the employee seeks to leave the employment, and b the reasons for which the employer requires him to continue in it, to be just and equitable that the employee should receive the payment.

4 In subsection (3) “ appropriate payment ” means—

a the whole of the redundancy payment to which the employee would have been entitled apart from subsection (1), or b such part of that redundancy payment as the tribunal thinks fit.