138 No dismissal in cases of renewal of contract or re-engagement
138 No dismissal in cases of renewal of contract or re-engagement

(1)     Where—

(a)     an employee's contract of employment is renewed, or he is re-engaged under a new contract of employment in pursuance of an offer (whether in writing or not) made before the end of his employment under the previous contract, and

(b)     the renewal or re-engagement takes effect either immediately on, or after an interval of not more than four weeks after, the end of that employment,

the employee shall not be regarded for the purposes of this Part as dismissed by his employer by reason of the ending of his employment under the previous contract.

(2)     Subsection (1) does not apply if—

(a)     the provisions of the contract as renewed, or of the new contract, as to—

(i)     the capacity and place in which the employee is employed, and

(ii)     the other terms and conditions of his employment,

differ (wholly or in part) from the corresponding provisions of the previous contract, and

Popular documents