# The National Health Service (Compensation) Regulations 1974, Regulation 11: Factors to be considered in determining payment of long-term compensation


(1) For the purpose of determining whether long-term compensation for loss or diminution of emoluments is payable to any person and, if so, the amount of the compensation the Secretary of State shall, subject to the provisions of paragraphs (2) and (3), have regard to such of the following factors as may be relevant, that is to say—
(a) the conditions upon which the person held the employment which he has lost, including in particular its security of tenure, whether by law or practice;
(b) the emoluments and other conditions, including security of tenure, whether by law or practice, of any work or employment undertaken by the person subsequent to the loss of employment;
(c) the extent to which he has sought suitable employment and the emoluments which he might have acquired by accepting other suitable employment which, on or after the date on which the employer either informed him in writing that his employment was to be terminated or was likely to be terminated or gave him written notice of termination of his employment, has been offered to him in writing; and
(d) all the other circumstances of his case;
but, subject to the provisions of regulation 39, no account shall be taken of the fact that he entered the employment which he has lost or of the emoluments of which have been diminished after—
(i) 5th July 1973, where the loss or diminution was attributable to any provision of the Act, or
(ii) the making of any instrument, where the loss or diminution was attributable to any provision of that instrument.
(2) In ascertaining for the purposes of paragraphs (1)(b) and (1)(c) the emoluments in respect of any work or employment that gives the employee or his widow, child or other dependant the right to benefit under a pension scheme under which the employee is not under an obligation to pay contributions, the amount of emoluments shall be increased by the amount of contributions which the employee would have to pay to secure equivalent benefits under a pension scheme in respect of which both the employer and the employee are under an obligation to pay contributions in the same proportion as they would have paid had the last relevant pension scheme been the scheme provided in regulations made under section 10 of the Superannuation Act 1972.
(3) Regulation 6(4) shall apply for the purposes of this regulation in ascertaining whether a person has been offered suitable employment.

---
Source: https://www.legislation.gov.uk/uksi/1974/1748/regulation/11 (the official version)
Page: https://openlegislation.uk/national-health-service-compensation-regulations-1974/regulation-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.