Section 164 — Employment Rights Act 1996: Claims for redundancy payment.

Claims for redundancy payment. 164 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 employment tribunal , or d a complaint relating to his dismissal has been presented by the employee under section 111.

2 An employee is not deprived of his right to a redundancy payment by subsection (1) if, during the period of six months immediately following the period mentioned in that subsection, the employee—

a makes a claim for the payment by notice in writing given to the employer, b refers to an employment tribunal a question as to his right to, or the amount of, the payment, or c presents a complaint relating to his dismissal under section 111, and it appears to the tribunal to be just and equitable that the employee should receive a redundancy payment.

3 In determining under subsection (2) whether it is just and equitable that an employee should receive a redundancy payment an employment 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 subsection (2) within the period mentioned in subsection (1),

and b all the other relevant circumstances. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5 Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsections (1)(c) and (2).