Section 402E | Meaning of “trigger date” and “post-employment notice period” in section 402D ^F1

(1)Subsections (2) and (4) to (6) have effect for the purposes of section 402D (and subsection (4) has effect also for the purposes of this section).^F1

(2)The “trigger date” is—^F1

(a)if the termination is not a notice case, the last day of the employment, and^F1

(b)if the termination is a notice case, the day the notice is given.^F1

(3)For the purposes of this section, the termination is a “notice case” if the employer or employee gives notice to the other to terminate the employment, and here it does not matter—^F1

(a)whether the notice is more or less than, or the same as, the minimum notice, or^F1

(b)if the employment ends before the notice expires.^F1

(4)The “minimum notice” is the minimum notice required to be given by the employer to terminate the employee's employment by notice in accordance with the law and contractual terms effective—^F1

(a)where the termination is not a notice case—^F1

(i)immediately before the employment ends, or^F1

(ii)where the employment ends by agreement entered into after the start of the employment, immediately before the agreement is entered into, and^F1

(b)where the termination is a notice case, immediately before the notice is given.^F1

(5)The “post-employment notice period” is the period—^F1

(a)beginning at the end of the last day of the employment, and^F1

(b)ending with the earliest lawful termination date.^F1

(But see subsection (8) for provision about limited-term contracts.)

(6)If the earliest lawful termination date is, or precedes, the last day of the employment, the number of days in the post-employment notice period is nil.^F1

(7)“The earliest lawful termination date” is the last day of the period which—^F1

(a)is equal in length to the minimum notice, and^F1

(b)begins at the end of the trigger date.^F1

(8)In the case of a contract of employment which is a limited-term contract and which does not include provision for termination by notice by the employer, the post-employment notice period is the period—^F1

(a)beginning at the end of the last day of the employment, and^F1

(b)ending with the day of the occurrence of the limiting event.^F1

(9)If, in a case to which subsection (8) applies, on the last day of the employment the day of the occurrence of the limiting event is not ascertained or ascertainable (because, for example, the limiting event is the performance of a task), then subsection (8) has effect as if for paragraph (b) there were substituted—^F1

(b)ending with the day on which notice would have expired if the employer had, on the last day of the employment, given to the employee the minimum notice required to terminate the contract under section 86 of the Employment Rights Act 1996 (assuming that that section applies to the employment).

(10)In this section “limited-term contract” and “limiting event” have the same meaning as in the Employment Rights Act 1996 (see section 235(2A) and (2B)).^F1