OpenLegislation

Regulation 12 Redundancy costs

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This regulation applies if, as a consequence of a decision by the local authority to accept one of the contractors' tenders for the work, the local authority would dismiss any person in its employment on the grounds of redundancy.

(2)

For the purposes of this regulation—

  • “relevant staff” means the persons who would be dismissed as redundant by reason of the local authority’s acceptance of one of the contractors' tenders for the work;

  • “eligible staff” means those members, if any, of the relevant staff who would on dismissal be entitled to receive compensation under the 1982 Regulations, or, as the case may be, the 1979 Regulations;

  • “a qualifying local authority” means a local authority which has pursued a general policy of exercising its discretion to award compensation under the 1982 Regulations, or, as the case may be, the 1979 Regulations (the payment of additions to the superannuation benefits payable under the Local Government Superannuation Scheme), and would pay such compensation to the eligible staff.

(3)

The sum of the following amounts shall be a prospective cost—

(a)

the total redundancy payment which the local authority would become liable to pay to the relevant staff under Part VI of the Employment Protection (Consolidation) Act 1978f1, and,

(b)

provided that the local authority is a qualifying local authority, an amount equal to the value of the product of—

15×S

where

  • S means the total compensation which would be payable to the eligible staff under the 1982 Regulations, or, as the case may be, the 1979 Regulations, during the year immediately following the date on which the eligible staff cease to hold their employment with the local authority.

Annotations

Footnotes

f1

1978 c. 44.