Section 46Part 6 — SEVERANCE PAY
Severance pay where employer's business transferred
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Where on the transfer of an undertaking in which he is employed an employee is terminated and, without break in service, is offered the same or similar employment under the same or similar conditions by the successor-employer in that same undertaking or part thereof, he is not entitled to severance pay.
Where an employee accepts employment with the successor-employer, his date of employment for the purposes of severance pay shall be the date on which he was hired by the predecessor-employer.
For the avoidance of doubt, it is declared that where, in the circumstances set out in subsection (1), an employee chooses not to continue in employment, he may, within thirty days of takeover, terminate his employment in the same way he would have terminated it had the business not been transferred and, in that case, he is entitled to such payments and other benefits as may be provided under the terms he enjoyed under the predecessor-employer.