(1) An employee is not entitled to a redundancy payment in pursuance of a notice of intention to claim if—
(a) on the date of service of the notice it was reasonably to be expected that the employee (if he continued to be employed by the same employer) would, not later than four weeks after that date, enter on a period of employment of not less than thirteen weeks during which he would not be laid off or kept on short-time for any week, and
(b) the employer gives a counter-notice to the employee within seven days after the service of the notice of intention to claim.
(2) Subsection (1) does not apply where the employee—
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