Article 197 Amount of a redundancy paymentF1

Northern Ireland

C1(1)

The amount of a redundancy payment shall be calculated by—

C2(a)

determining the period, ending with the relevant date, during which the employee has been continuously employed,

(b)

reckoning backwards from the end of that period the number of years of employment falling within that period, and

(c)

allowing the appropriate amount for each of those years of employment.

(2)

In paragraph (1)(c) “the appropriate amount” means—

(a)

one and a half weeks' pay for a year of employment in which the employee was not below the age of forty-one,

(b)

one week's pay for a year of employment (not within sub-paragraph (a)) in which he was not below the age of twenty-two, and

(c)

half a week's pay for each year of employment not within sub-paragraph (a) or (b).

(3)

Where twenty years of employment have been reckoned under paragraph (1), no account shall be taken under that paragraph of any year of employment earlier than those twenty years.

(4)

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

F4Paragraphs (1) to (3) apply for the purposes of any provision of this Part by virtue of which an industrial tribunal may determine that an employer is liable to pay to an employee—

(a)

the whole of the redundancy payment to which the employee would have had a right apart from some other provision, or

(b)

such part of the redundancy payment to which the employee would have had a right apart from some other provision as the tribunal thinks fit,

as if any reference to the amount of a redundancy payment were to the amount of the redundancy payment to which the employee would have been entitled apart from that other provision.

Para. (7) rep. by 1999 NI 9

(8)

F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: mod. by SR 1999/409
F2: Art. 197(4) repealed (1.10.2006) by Employment Equality (Age) Regulations (Northern Ireland) 2006 (S.R. 2006/261), regs. 1(1), 53, Sch. 7 para. 3(13)(a), Sch. 8(1) (with reg. 50, Sch. 7 para. 3(14))
F3: Art. 197(5) repealed (1.10.2006) by Employment Equality (Age) Regulations (Northern Ireland) 2006 (S.R. 2006/261), regs. 1(1), 53, Sch. 7 para. 3(13)(a), Sch. 8(1) (with reg. 50, Sch. 7 para. 3(14))
F4: Words in art. 197(6) substituted (1.10.2006) by Employment Equality (Age) Regulations (Northern Ireland) 2006 (S.R. 2006/261), regs. 1(1), 53(1), Sch. 7 para. 3(13)(b) (with reg. 50, Sch. 7 para. 3(14))
F5: Art. 197(8) repealed (1.10.2006) by Employment Equality (Age) Regulations (Northern Ireland) 2006 (S.R. 2006/261), regs. 1(1), 53, Sch. 7 para. 3(13)(a), Sch. 8(1) (with reg. 50, Sch. 7 para. 3(14))

Modifications

C1: Art. 197(1)-(3) applied (1.10.2006) by Employment Equality (Age) Regulations (Northern Ireland) 2006 (S.R. 2006/261), regs. 1(1), 35(3) (with reg. 50)
C2: Art. 197(1)(a) modified (1.10.2006) by Employment Equality (Age) Regulations (Northern Ireland) 2006 (S.R. 2006/261), regs. 1(1), 35(5) (with reg. 50)

Notes on the whole Order

Textual amendments

F1: functions transfered SR 1999/481