Section 144 — Employment Rights Act 1996: Provisions supplementary to section 143.

Provisions supplementary to section 143. 144 1 For the purposes of section 143 an employee complies with the request contained in a notice of extension if, but only if, on each available day within the proposed period of extension, he—

a attends at his proper or usual place of work, and b is ready and willing to work, whether or not he has signified his agreement to the request in any other way.

2 The reference in section 143(2) to the number of working days lost by striking is a reference to the number of working days in the period—

a beginning with the date of service of the notice of termination, and b ending with the time of expiry, which are days on which the employee in question takes part in a strike of employees of his employer.

3 In section 143 and this section— “ available day ”, in relation to an employee, means a working day beginning at or after the time of expiry which is a day on which he is not taking part in a strike of employees of the employer, “ available day within the proposed period of extension ” means an available day which begins before the end of the proposed period of extension, “ time of expiry ”, in relation to a notice of termination, means the time at which the notice would expire apart from section 143, and “ working day ”, in relation to an employee, means a day on which, in accordance with his contract of employment, he is normally required to work.

4 Neither the service of a notice of extension nor any extension by virtue of section 143(7) of the period specified in a notice of termination affects—

a any right either of the employer or of the employee to terminate the contract of employment (whether before, at or after the time of expiry) by a further notice or without notice, or b the operation of this Part in relation to any such termination of the contract of employment.