Explanatory note

The Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) Order 1999 (“the 1999 Order”) modifies certain provisions of the Employment Rights Act 1996 concerning redundancy payments to individuals employed by local authorities or certain other bodies. The effect of the modifications is that an individual’s service with a succession of employers is treated as continuous for the purpose of determining issues relating to redundancy payments.

This Order amends the 1999 Order by adding to the list of bodies set out in Schedule 1 to that Order. The new paragraph 5BA that is inserted into section 10 of Schedule 1 to the 1999 Order covers persons who perform functions of a local authority pursuant to a direction made by the Secretary of State under section 497A(4) or (4A) of the Education Act 1996 (“the Education Act”). The power to make directions under section 497A(4) or (4A) of the Education Act extends beyond education functions (within the meaning of the Education Act) to other functions of a local authority by virtue of section 50 of the Children Act 2004 and section 15 of the Childcare Act 2006. This Order also omits paragraph 20 of section 4 of Part 2 of Schedule 2 to the 1999 Order because that paragraph is subsumed within the new paragraph 5BA that is inserted into Schedule 1.

An impact assessment has not been produced for this instrument as it has no significant impact on businesses and civil society organisations. The instrument has no significant impact on the public sector.