14
"THIRD SCHEDULE
DEATH OF EMPLOYER OR OF EMPLOYEE
PART I
Death of Employer
[s. 20N.]
1. This Part shall have effect in relation to an employee where his employer (in this Part referred to as "the deceased employer") dies.
2. Section 20K shall not apply to any change whereby the owner- ship of the business, for the purposes of which the employee was employed by the deceased employer, passes to a personal representative of the deceased employer.
3. Where, by virtue of subsection (1) of section 20M, the death of the deceased employer is to be treated for the purposes of Part IIIA of this Ordinance as a termination by him of the contract of employment, the employee shall nevertheless not be treated for these purposes as having been dismissed by the deceased employer if—
(a) his contract of employment is renewed by a personal representa- tive of the deceased employer, or he is re-engaged under a new contract of employment by such a personal representative; and (b) the renewal or re-engagement takes effect not later than four
weeks after the death of the deceased employer.
4. Where, by reason of the death of the deceased employer, the employee is treated for the purposes of Part IIIA of this Ordinance as having been dismissed by him, he shall not be entitled to a severance payment in respect of that dismissal if a personal representative of the deceased employer has made to him an offer in writing to renew his con- tract of employment, or to re-engage him under a new contract, so that in accordance with the particulars specified in the offer the renewal or re-engagement would take effect not later than four weeks after the death of the deceased employer and either-
(a) the provisions of the contract as renewed, or of the new contract, as the case may be, as to the capacity and place in which he would be employed, and as to the other terms and conditions of his employment, would not differ from the corresponding provisions of the contract as in force immediately before the death; or
(b) if, in accordance with the particulars specified in the offer, those provisions would differ (wholly or in part) from the correspond- ing provisions of the contract as in force immediately before the death, the offer constitutes an offer of suitable employment in relation to that employee,
and (in either case) the employee has unreasonably refused that offer.
5. For the purposes of paragraph 4-
(a) an offer shall not be treated as one whereby the provisions of the contract as renewed, or of the new contract, as the case may be, would differ from the corresponding provisions of the con-