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—

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