By Edward Benson (auth.)
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Additional resources for A Guide to Redundancy Law
85(3), whether or not they did, and that the employee did not comply with it (Sch. 12, para. 25(1)). 85( 4) whether it would be just and equitable to award redundancy pay, and the appropriate proportion. If the employee dies after the employers have served a counternotice but before his own notice expires, he is treated as not having died and as not having complied with his employer's counter-notice (Sch. 12 para. 25(2)). Ambiguous Dismissals Sometimes it is not clear from the words used whether or not the employee was dismissed.
They thought tribunals should take account of the following factors: (1) The terms of the contract, particularly provisions about sickness. If the contract actually covers the possibility of long-term illness, it will not be an event making performance of the contract 'radically different from what was intended'. The NIRC considered that weekly employment might be more easily frustrated than monthly employment. (2) The likely length of employment had there been no illness. If the employment is temporary in nature it will be more easily frustrated by a long period of illness.
For example, in United Kingdom Atomic Energy Authority v. Claydon ([1974) IRLR 6) the contract provided that Mr Claydon could be required to work anywhere within the UK. It was held in Jones v. Associated Tunnelling Co Ltd ([ 1981] I RLR 477) that employment contracts 'cannot simply be silent on the place of work'. So, if there is no express term, one will have to be implied. Precisely what term should be implied will depend on the circumstances. In Jones' case, the EAT thought the following factors would all be relevant: the nature of the employer's business; whether or not the employee had been moved during the course of the employment; what he was told when he was taken on; and whether there is provision for payment of expenses while working away from home.