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The Employment Rights (Northern Ireland) Order 1996, Section 122 is up to date with all changes known to be in force on or before 10 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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122.—(1) This Article has effect where the arrangements in force relating to the employment are such that—
(a)payments by way of sick pay are made by the employer to employees to whom the arrangements apply, in cases where any such employees are incapable of work because of sickness or injury, and
(b)in calculating any payment so made to any such employee an amount representing, or treated as representing, short-term incapacity benefit [F2, contributory employment and support allowance] or industrial injury benefit is taken into account, whether by way of deduction or by way of calculating the payment as a supplement to that amount.
(2) If—
(a)during any part of the period of notice the employee is incapable of work because of sickness or injury,
(b)one or more payments by way of sick pay are made to him by the employer in respect of that part of the period of notice, and
(c)in calculating any such payment such an amount as is referred to in sub-paragraph (b) of paragraph (1) is taken into account as mentioned in that sub-paragraph,
for the purposes of Article 120 or 121 the amount so taken into account shall be treated as having been paid by the employer to the employee by way of sick pay in respect of that part of that period, and shall go towards meeting the liability of the employer under that Article accordingly.
F1Words in art. 122 heading inserted (27.10.2008) by Employment and Support Allowance (Consequential Provisions No. 2) Regulations (Northern Ireland) 2008 (S.R. 2008/412), reg. 3(a)
F2Words in art. 122(1)(b) inserted (27.10.2008) by Employment and Support Allowance (Consequential Provisions No. 2) Regulations (Northern Ireland) 2008 (S.R. 2008/412), reg. 3(b)
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