Section 207 Rights and liabilities accruing after death.

England, Wales and Scotland

(1)

Any right arising under any of the provisions of this Act to which this section applies which accrues after the death of an employee devolves as if it had accrued before his death.

(2)

Where an F1employment tribunal determines under any provision of Part XI that an employer is liable to pay to a personal representative of a deceased employee—

(a)

the whole of a redundancy payment to which he would have been entitled but for some provision of Part XI or section 206, or

(b)

such part of such a redundancy payment as the tribunal thinks fit,

the reference in subsection (1) to a right includes any right to receive it.

(3)

Where—

(a)

by virtue of any of the provisions to which this section applies a personal representative is liable to pay any amount, and

(b)

the liability has not accrued before the death of the employer,

it shall be treated as a liability of the deceased employer which had accrued immediately before his death.

Annotations

Textual amendments

F1: Words in s. 207(2) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

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)