Section 185 The appropriate date.

In this Part “the appropriate date”—

(a)

in relation to arrears of pay (not being remuneration under a protective award made under section 189 of the M1Trade Union and Labour Relations (Consolidation) Act 1992) and to holiday pay, means the date on which the employer became insolvent,

(b)

in relation to a basic award of compensation for unfair dismissal and to remuneration under a protective award so made, means whichever is the latest of—

(i)

the date on which the employer became insolvent,

(ii)

the date of the termination of the employee’s employment, and

(iii)

the date on which the award was made, and

(c)

in relation to any other debt to which this Part applies, means whichever is the later of—

(i)

the date on which the employer became insolvent, and

(ii)

the date of the termination of the employee’s employment.

Annotations

Marginal citations

M1: 1992 c. 52.

Notes on the whole Act

Textual amendments

F1: Part 2B heading and s. 27C inserted (E.W.S.) (31.7.2023 for specified purposes, 1.10.2024 in so far as not already in force) by Employment (Allocation of Tips) Act 2023 (c. 13), ss. 1, 14(2); S.I. 2023/876, reg. 3(a); S.I. 2024/829, reg. 3(a)

Notes on Part XII

Modifications

C1: Pt. 12 modified (6.4.2006 with application in accordance with reg. 21(1) of the amending S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), regs. 1(2), 8