Part XI E+W+S Redundancy payments etc.

Modifications etc. (not altering text)

C1 Pt. 11 (ss. 135-181) modified (25.11.1998 for specified purposes and otherwise 3.7.2000) by 1998 c. 45, s. 34, Sch. 8 para. 9(3)(4); S.I. 1998/2952, art. 2; S.I. 2000/1173, art. 2

Pt. 11 (ss. 135-181) modified (25.11.1998 for specified purposes and otherwise 3.7.2000) by 1998 c. 45, s. 36, Sch. 9 para. 9(3)(4); S.I. 1998/2952, art. 2; S.I. 2000/1173, art. 2

Pt. 11 (ss. 135-181) modified (27.9.1999) by 1999 c. 22, ss. 105, 108(1), Sch. 14 Pt. II paras. 2(1)(b), 4(a) (with Sch. 14 Pt. II para. 7(2))

Pt. 11 (ss. 135-181) modified (27.9.1999) by 1999 c. 22, ss. 105, 108(1), Sch. 14 Pt. V para. 33(7)(a) (with Sch. 14 Pt. II para. 7(2))

Pt. 11 (ss. 135-181) modified (3.7.2000) by 1999 c. 29, ss. 165(4), 217(7), Sch. 12 para. 10(3) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.

Pt. 11 (ss. 135-181) modified (3.7.2000) by 1980 c. 66, s. 266B(6) (as inserted (3.7.2000) by 1999 c. 29, s. 265 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.

Pt. 11 (ss. 135-181) modified (12.1.2000) by 1999 c. 29, s. 410(4) (with Sch. 12 para. 9(1)); S.I. 1999/3434, art. 2

Pt. 11 (ss. 135-181) modified (1.9.2000 (E.), 1.1.2001 (W.)) by 2000 c. 21, s. 95(3); S.I. 2000/2114, art. 2(3) Sch. Pt. III; S.I. 2000/3230, art. 2, Sch.

Pt. 11 (ss. 135-181) modified (1.2.2001) by 2000 c. 38, s. 217, Sch. 18 para. 16(a); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings in Sch. 2 Pt. II)

Pt. 11 (ss. 135-181) modified (30.1.2001) by 2000 c. 38, s. 218, Sch. 19 para. 12(a); S.I. 2001/57, art. 2, Sch. 1

Pt. 11 (ss. 135-181) modified (1.2.2001) by 2000 c. 38, s. 220, Sch. 21 para. 13(a); S.I. 2001/57, art. 2, Sch. 2 Pt. I (subject to savings in Sch. 2 Pt. II)

Pt. 11 (ss. 135-181) modified (1.2.2001) by 2000 c. 38, s. 240, Sch. 25 para. 12(a), S.I. 2001/57, art. 3, Sch. 2 Pt. I (subject to savings in Sch. 2 Pt. II)

C2 Pt. 11 (ss. 135-181) excluded (1.4.2000) by S.I. 2000/935, art. 3

Pt. 11 (ss. 135-181) excluded (S.) (8.9.2000) by 2000 asp 10, s. 29, Sch. 4 para. 6(4)(b) (with s. 32); S.I. 2000/312, art. 2

Pt. 11 (ss. 135-181) excluded (1.11.2000) by 2000 c. 27, s. 3(8), Sch. 3 para. 9; S.I. 2000/2917, art. 2, Sch.

Pt. 11 (ss. 135-181) modified (S.) (prosp.) by 2001 asp 10, ss. 86(4)(b), 113(1)

Pt. 11 (ss. 135-181) applied (E.W.) (21.5.2001) by S.I. 2001/1185, arts. 2, 3, Sch. para. 129(ii)

C3 Pt. 11 modified (1.7.2004) by The British Transport Police (Transitional and Consequential Provisions) Order 2004 (S.I. 2004/1573), arts. 1, 6(8)(a)

C4 Pt. 11 modified (31.1.2005) by Public Audit (Wales) Act 2004 (c. 23), ss. 68, 73, Sch. 3 para. 3(2)(a); S.I. 2005/71, art. 2, Sch.

C5 Pt. 11 modified (8.6.2005 for certain purposes, otherwise 24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 12, 60, Sch. 2 para. 9(1)(a); S.I. 2005/1444, art. 2, Sch. 1; S.I. 2005/1909, art. 2, Sch.

C6 Pt. 11 modified (E.W.) (1.3.2007) by National Health Service Act 2006 (c. 41), ss. 25, 277, Sch. 4 para. 8(11)(b)

C7 Pt. 11 modified (22.7.2008) by Crossrail Act 2008 (c. 18), s. 36, Sch. 12 para. 16

C8 Pt. 11 excluded (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 3 para. 9(1)(a); S.I. 2015/481, reg. 2(a)

C9 Pt. 11 modified (E.W.) (2.8.2019) by The Cardiff and Valleys Railways (Transfer) Order 2019 (S.I. 2019/1132), art. 1, Sch. 2 para. 10(1)(a) (with reg. 5)

Chapter VI E+W+S Payments by Secretary of State

Modifications etc. (not altering text)

C10 Pt. 11 Ch. 6 modified (6.4.2006 with application in accordance with reg. 21(1) of the amending S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), regs. 1(2), 8

168 Amount of payments. E+W+S

(1) The sum payable to an employee by the Secretary of State under section 167—

(a) where the employer’s payment to which the employee’s application under section 166 relates is a redundancy payment or a part of a redundancy payment, is a sum equal to the amount of the redundancy payment or part, F1 . . .

[F2 (aa) where the employer’s payment to which the employee’s application under section 166 relates is a payment which his employer is liable to make to him under an agreement having effect by virtue of section 203(2)(e) or (f), is a sum equal to the amount of the employer’s payment or of any redundancy payment which the employer would have been liable to pay to the employee but for the agreement, whichever is less, and]

(b) where the employer’s payment to which the employee’s application under section 166 relates is a payment which the employer is liable to make under an agreement in respect of which an order is in force under section 157, is a sum equal to the amount of the employer’s payment or of the relevant redundancy payment, whichever is less [F3 , or

(c) receipt of information from the employer and consultation by the employer under section 188 (redundancies) or under the Transfer of Undertakings (Protection of Employment) Regulations 1981.]

(2) The reference in subsection (1)(b) to the amount of the relevant redundancy payment is to the amount of the redundancy payment which the employer would have been liable to pay to the employee on the assumptions specified in subsection (3).

(3) The assumptions referred to in subsection (2) are that—

(a) the order in force in respect of the agreement had not been made,

(b) the circumstances in which the employer’s payment is payable had been such that the employer was liable to pay a redundancy payment to the employee in those circumstances,

(c) the relevant date, in relation to any such redundancy payment, had been the date on which the termination of the employee’s contract of employment is treated as having taken effect for the purposes of the agreement, and

(d) in so far as the provisions of the agreement relating to the circumstances in which the continuity of an employee’s period of employment is to be treated as broken, and the weeks which are to count in computing a period of employment, are inconsistent with the provisions of Chapter I of Part XIV, the provisions of the agreement were substituted for those provisions.

Textual Amendments

F1 Words in s. 168(1)(a) repealed (1.10.1998) by 1998 c. 8, s. 15, Sch. 2; S.I. 1998/1658, art. 2(2), Sch. 2 (with art. 3(5))

F2 S. 168(1)(aa) inserted (1.10.1998) by 1998 c. 8, s. 11(3); S.I. 1998/1658, art. 2(2), Sch. 2 (with art. 3(5))

F3 S. 168(1)(c) and the preceding word “, or” inserted (28.7.1999) by S.I. 1999/1925, reg. 14