Regulation 5 Exclusion of operation of paragraph 12 of Schedule 13 to the 1978 Act where redundancy or equivalent payment repaid
Where–
in consequence of any action to which these Regulations apply a dismissed employee is reinstated or re–engaged by his employer or by a successor or associated employer of the employer, and
the terms upon which he is so reinstated or re–engaged include provision for him to repay the amount of a redundancy payment or an equivalent payment paid in respect of the relevant dismissal,
paragraph 12 of Schedule 13 to the 1978 Act (which requires the continuity of the period of employment to be treated as broken in redundancy cases where a redundancy payment or an equivalent payment is paid and he is subsequently re–engaged) shall not apply if that provision is complied with.
For the purposes of this regulation the cases in which a redundancy payment shall be treated as having been paid are cases mentioned in sub–paragraphs (3)(a) and (3)(b) of paragraph 12 of Schedule 13 to the 1978 Act.