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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 September 1971 - onwards
Version 3 of 3

21. Implied or constructive termination of contract.

(1) Where, in accordance with any enactment or rule of law, any act on the part of an employer or any event affecting an employer (including, in the case of an individual, his death) operates so as to terminate a contract under which an employee is employed by him, that act or event shall for the purposes of this Act be treated as a termination of the contract by the employer, if apart from this subsection, it would not constitute a termination of the contract by him.

(2) Where -

(a) subsection (1) applies,

(b) the employee's contract of employment is not renewed, and

(c) he is not re-engaged under a new contract, as provided by section 9(2),

he shall for the purposes of this Act be taken to be dismissed by reason of redundancy if the circumstances in which the contract is not renewed and he is not re-engaged (as provided by the said section 9(2)) are wholly or mainly attributable to a fact specified in section 7(2).