Section 138(4)

Where subsection (2) applies, for the purposes of this Part— the employee shall be regarded as dismissed on the date on which his employment under the previous contract (or, if there has been more than one trial period, the original contract) ended, and the reason for the dismissal shall be taken to be the reason for which the employee was then dismissed, or would have been dismissed had the offer (or original offer) of renewed or new employment not been made, or the reason which resulted in that offer being made.

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