By Edward Benson (auth.)
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141(4) goes on to provide that an employee who ordinarily works outside Great Britain will not qualify for redundancy pay unless, at the relevant date, he is 'in Great Britain in accordance with instructions from his employer'. 141(3) is in fact superfluous). 20 A Guide to Redundancy Law To determine where an employee ordinarily worked, the tribunal must consider where his contract ordinarily required him to work. If there is no express term in the contract, this may be apparent from the conduct of the parties (Todd v.
145(4)). l44(2). Domestic Servants The maintenance of a private household is treated as 'running a business' for redundancy purposes (see the definition of 'redundancy' - page 45) so that domestic servants may become entitled to redundancy pay. e. 100(2)). 197311281. 140 limits the extent to which an employee may contract out of his statutory rights, including the right to redundancy pay. Any contractual clause purporting to cut down an employee's redundancy pay rights is void, unless it fits under one of the two exceptions.
He told his employers he would like to continue running the repair section on a self-employed basis. His employers agreed to this, saying they wanted the transaction completed by the end of the month. After completion of the transaction. he claimed redundancy pay. The EAT allowed his claim. The agreement to become self-employed was not freely entered into, because he knew the alternative was dismissal (or demotion which could have amounted to a constructive dismissal, see below). The Morton Sundour rule was not offended, because the employers had specified the date on which he was to leave (Glencross & another v.