(1) Where the terms and conditions (whether or not they constitute a contract of employment) on which a person is employed in employment of any description mentioned in section 171(3) include provision—
(a) for the making of a payment to which this section applies, and
(b) for referring to an [employment tribunal] any question as to the right of any person to such a payment in respect of that employment or as to the amount of such a payment,
the question shall be referred to and determined by an [employment tribunal].
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