The Transport Holding Company (Compensation to Employees) Regulations 1972

PART II ENTITLEMENT TO COMPENSATION

Persons to whom the regulations apply

3.  These regulations shall apply to any person who suffers attributable loss and who—

(a) was employed immediately before the passing of the Act on a full-time basis as a United Kingdom based officer of—

(i) a national transport authority,

(ii) the London Transport Executive,

(iii) a subsidiary of any of the foregoing bodies, or

(b) would have been so employed at that time but for any national service on which he was then engaged.

Grounds of entitlement to compensation—Compensating authority

4.—(1) Subject to the provisions of these regulations, any person to whom these regulations apply shall be entitled to have his case considered for the payment of compensation under these regulations, and such compensation shall be determined in accordance with these regulations.

(2) Compensation for attributable loss suffered by a person to whom these regulations apply shall be payable by the Holding Company or, as respects any period after the dissolution of the Holding Company, by such person as may be designated by the Secretary of State by order under section 2(6) of the Act as being the person to whom the liabilities of the Holding Company under section 2(4) of the Act have been transferred in pursuance of section 53 of the Act of 1968, and whichever of them the Holding Company or person aforesaid is required by this regulation to pay such compensation is referred to in these regulations as “the compensating authority”.

National service

5.—(1) Any person to whom these regulations apply by virtue of regulation 3(b) and who before the expiry of two months after ceasing to be engaged on national service, or if prevented by sickness or other reasonable cause, as soon as practicable thereafter, gives notice to the compensating authority that he is available for employment, shall be entitled—

(a) in a case where, in consequence of such cesser as is mentioned in section 2(4) of the Act, he is not given or offered re-employment in his former office or in any reasonably comparable office (whether in the same or in a different service), to have his case considered for payment of compensation for loss of employment, and (if appropriate) for loss or diminution of pension rights, and

(b) in a case where, in consequence of any such cesser, he is so re-employed with diminished emoluments, or with loss or diminution of pension rights or worsening of his position as compared with the emoluments, pension rights or position which he would have enjoyed had he continued in his former employment, to have his case considered for payment of compensation for diminution of emoluments, or for loss or diminution of pension rights, or for worsening of his position (as the case may warrant).

(2) The loss of employment which is the cause of a claim for compensation under paragraph (1)(a) shall be treated as having occurred on the earlier of the two following dates, that is to say, the date of the refusal of re-employment or a date one month after the date on which the person gave notice that he was available for employment, and the person shall be deemed to have been entitled to the emoluments which he would have enjoyed at such earlier date had he continued in his former employment.