Section 116(6)

Subsection (5) does not apply where the employer shows— that it was not practicable for him to arrange for the dismissed employee’s work to be done without engaging a permanent replacement, or that— he engaged the replacement after the lapse of a reasonable period, without having heard from the dismissed employee that he wished to be reinstated or re-engaged, and when the employer engaged the replacement it was no longer reasonable for him to arrange for the dismissed employee’s work to be done except by a permanent replacement.

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Source: legislation.gov.uk · retrieved 2026-09-04