(1) An employer is not liable under section 88 or 89 to make any payment in respect of a period during which an employee is absent from work with the leave of the employer granted at the request of the employee, including any period of time off taken in accordance with—
(a) Part VI of this Act, or
(b) section 168 or 170 of the Trade Union and Labour Relations (Consolidation) Act 1992 (trade union duties and activities).
(2) No payment is due under section 88 or 89 in consequence of a notice to terminate a contract given by an
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