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(b) if, in accordance with the particulars specified in the offer, those provisions would differ

(wholly or in part) from the corresponding 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 contract as in force immediately before the death of the

*

deceased employer by reason only that the personal representative would be substituted as the employer for the deceased employer; and

(b) no account shall be taken of that substitution in

6.

determining whether the refusal of the offer was

unreasonable.

Where by virtue of subsection (1) of section 201 the death of the deceased employer is to be treated as a termination by him of the contract of employment, any reference in subsection (2) of that section to subsection (2) of section 200 shall be construed as including a reference to

paragraph 3.

7. Where by virtue of paragraph 3 the employee is treated as not having been dismissed by reason of a renewa 1 or re-engagement taking effect after the death of the

deceased employee, then

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