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The Employment (Miscellaneous Provisions) (Northern Ireland) Order 1990


This is the original version (as it was originally made).

Redundancy rebates

3.—(1) Nothing in this Order shall affect the continued operation of any provision of the 1965 Act for the purposes of, or in connection with, the payment of a redundancy rebate under section 40 of that Act in a case where—

(a)a claim for the rebate has been made in accordance with regulations under section 40(4) before the coming into operation of Article 15; or

(b)notwithstanding that such a claim has not been so made, the rebate is in respect of any payment falling within section 40(1)(a) or (b) in relation to which the relevant date (as defined in sub-paragraph (2)) falls before the coming into operation of Article 15.

(2) In sub-paragraph (1)(b) “the relevant date”—

(a)in the case of a payment falling within section 40(1)(a), means the date which for the purposes of section 18(1) of the 1965 Act is the relevant date in relation to that payment by virtue of section 13(9) or (10), section 14(2) or section 16(2) of that Act; and

(b)in the case of a payment falling within section 40(1)(b), means 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 referred to in that provision.

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