§
Amendments made: Amendment No. 85, Clause 52, in page 40, line 31, leave out from "shall" to "and" in line 32 and insert:
have effect subject to subsection (3) of section 34 of this Act as if the repeal were contained in that section".
§ Amendment No. 86, Clause 52, in line 33, after "in", insert "section 12(1) of".—[Mr. Thornton.]
1783| 10 | 2. Section 13 of this Act shall not apply to any change whereby the ownership of the business, for the purposes of which the employee was employed by the deceased employer, passes to a personal representative of the deceased employer. |
| Dismissal | |
| 15 | 3. Where, by virtue of subsection (1) of section (Implied or constructive termination of contract) of this Act, the death of the deceased employer is to be treated for the purposes of this Act as a termination by him of the contract of employment, the employee shall nevertheless not be treated for those purposes as having been dismissed by the deceased employer if— |
| (a) his contract of employment is renewed by a personal representative of the deceased employer, or he is re-engaged under a new contract of employment by such a personal representative, and | |
| 20 | (b) the renewal or re-engagement takes effect not later than eight weeks after the death of the deceased employer. |
| 25 | 4. Where, by reason of the death of the deceased employer, the employee is treated for the purposes of this Act as having been dismissed by him, he shall not be entitled to a redundancy payment in respect of that dismissal if a personal representative of the deceased employer has made to him an offer in writing to renew his contract of employment, or to re-engage him under a new contract, so that in accordance with the particulars specified in the offer the renewal or re-engagement would take effect not later than eight weeks after the death of the deceased employer and either— |
| 30 | (a) the provisions of the contract as renewed, or of the new contract, as the case may be, 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 as in force immediately before the death, or |
| 35 | (b) if, in accordance with the particulars specified in the offer, those provisions would differ (wholly or in part) from the corresponding provisions of the contract as in force immediately before the death, the offer constitutes an offer of suitable employment in relation to the employee, |
| and (in either case) the employee has unreasonably refused that offer. | |
| 5. For the purposes of paragraph 4 of this Schedule— | |
| 40 | (a) an offer shall not be treated as one whereby the provisions of the contract as renewed, or of the new contract, as the case may be, would differ from the corresponding provisions of the contract as in force immediately before the death of the deceased employer by reason only that the personal representative would be substituted as the employer for the deceased employer, and |
| 45 | (b) no account shall be taken of that substitution in determining whether the refusal of the offer was unreasonable. |
| 50 | 6. Where by virtue of subsection (1) of section (Implied or constructive termination of contract) of this Act the death of the deceased employer is to be treated as a termination by him of the contract of employment, any reference in subsection (2) of that section to section 3 (2) of this Act shall be construed as including a reference to paragraph 3 of this Schedule. |
| Lay-off and short-time | |
| 55 | 7. Where the employee has before the death of the deceased employer been laid off or kept on short-time for one or more weeks, but has not given to the deceased employer notice of intention to claim, then if after the death of the deceased employer— |
| (a) his contract of employment is renewed, or he is re-engaged under a new contract, as mentioned in sub-paragraphs (a) and (b) of paragraph 3 of this Schedule, and | |
| (b) after the renewal or re-engagement, he is laid off or kept on short-time for one or more weeks by the personal representative of the deceased employer, | |
| 60 | the provisions of sections (Right to redundancy payment by reason of lay-off or short-time) and (Supplementary provisions as to redundancy payments in respect of lay-off or short-time) of this Act shall apply as if the week in which the deceased employer died and the first week of the employee's employment by the personal representative were consecutive weeks, and any reference in those sections to four weeks or thirteen weeks shall be construed accordingly. |
| 65 | |
| 8. The provisions of paragraph 9 or (as the case may be) paragraph 10 of this Schedule shall have effect where the employee has given to the deceased employer notice of intention to claim, and— | |
| 70 | (a) the deceased employer has died before the end of the next four weeks after the service of that notice, and |
| (b) the employee has not terminated the contract of employment by notice expiring before the death of the deceased employer. | |
| 9. If in the circumstances specified in the last preceding paragraph the employee's contract of employment is not renewed by a personal representative of the deceased |