Regulation 5 Compensation for redundancy

(1)

Subject always to sections 46(2) to (4) and 149(1) to (3) of the 1988 Act (determinations by governing bodies as to making by local education authorities of certain payments in respect of dismissal, etc.), where a person to whom this Part applies has ceased to be employed the appropriate person may pay him compensation which does not exceed the difference between–

(a)

the redundancy payment to which he is entitled under Part VI of the 1978 Act, and

(b)

the redundancy payment to which he would have been so entitled if paragraph 8(1)(c) of Schedule 14 to the 1978 Act (weekly pay in excess of specified limit to be disregarded in calculating redundancy payments) had been repealed.

(2)

Where the employment was at an aided school within the meaning of section 15 of the Education Act 1944^f1, the appropriate person is the local education authority.

(3)

In any other case, the appropriate person is the person by whom he was employed.

Annotations

Footnotes

f1: 1944 c. 31.