Explanatory note

These Regulations revoke and replace the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1997 (“the 1997 Regulations”). They make provision for payment of compensation to teachers for redundancy, termination or premature retirement.

Part 2 provides for payment to a teacher of discretionary compensation for redundancy in addition to the teacher’s redundancy payment.

Part 3 provides for payment of discretionary compensation to a teacher for termination of employment by reason of redundancy or in the interests of the efficient discharge of the employer’s functions.

Part 4 provides for payment of mandatory annual and lump sum compensation and other benefits to or in respect of a teacher for premature retirement by reason of redundancy or in the interests of the efficient discharge of the employer’s functions. Regulation 9 sets out the entitlement to annual compensation. Regulation 10 provides for the calculation of annual compensation. Regulation 11 provides for the calculation of lump sum compensation. The remainder of Part 4 makes provision for the payment and calculation of supplementary death grants and short-term family benefits.

Part 5 provides for payment of discretionary annual and lump sum compensation and other benefits to or in respect of a teacher for premature retirement by reason of redundancy or in the interests of the efficient discharge of the employer’s functions. Regulation 17 makes provision as to a deciding authority’s discretion to credit a teacher with an additional period of service. Regulation 18 sets out the entitlement of a credited teacher to discretionary compensation. Regulation 19 provides the calculation of annual compensation. Regulation 20 provides the calculation of lump sum compensation. The remainder of Part 5 provides for payment of short-term and long-term compensation on death.

Part 6 provides for adjustments to be made to payments under the regulations when a redundancy payment, a termination payment or a periodic payment is also made (regulations 27, 28 and 29). Regulation 30 provides for cessation of discretionary annual compensation during new employment.

Part 7 provides for abatement of annual compensation during further employment (regulation 31) and for abatement of discretionary annual compensation following termination or redundancy (regulation 32).

Part 8 contains miscellaneous provisions regarding liability for and payment of compensation under Parts 4 and 5 (regulations 33 to 40) and regarding mandatory compensation for admitted service (regulation 41).

Part 9 contains consequential amendments, revocations and transitional provisions.

An impact assessment has not been produced for this instrument as it has no impact on business or civil society organisations. The instrument has a minimal impact on the public sector.