21(1)Section 106 (payments out of fund to employees) shall be amended as follows.
(2)After subsection (1) insert—
“(1A)In this Act “employer’s payment, in relation to an employee, means—
(a)a redundancy payment which his employer is liable to pay to him under the foregoing provisions of this Part, or
(b)a payment which his employer is, under an agreement in respect of which an order is in force under section 96, liable to make to him on the termination of his contract of employment.
(1B)In relation to a case where, under section 85, 92 or 110, an industrial tribunal determines that an employer is liable to pay only part of a redundancy payment, the reference in subsection (1A)(a) above to a redundancy payment shall be construed as a reference to that part of the redundancy payment.”
(3)In subsection (2), for “section 104(1) substitute “ subsection (1A) ”.
(4)Omit subsection (4).