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The Employment Rights (Northern Ireland) Order 1996

Status:

This is the original version (as it was originally made).

Debts to which Part applies

229.—(1) This Part applies to the following debts—

(a)any arrears of pay in respect of one or more (but not more than eight) weeks,

(b)any amount which the employer is liable to pay the employee for the period of notice required by Article 118(1) or (2) or for any failure of the employer to give the period of notice required by Article 118(1),

(c)any holiday pay—

(i)in respect of a period or periods of holiday not exceeding six weeks in all, and

(ii)to which the employee became entitled during the twelve months ending with the appropriate date,

(d)any basic award of compensation for unfair dismissal, and

(e)any reasonable sum by way of reimbursement of the whole or part of any fee or premium paid by an apprentice or articled clerk.

(2) For the purposes of paragraph (1)(a) the following amounts shall be treated as arrears of pay—

(a)a guarantee payment,

(b)any payment for time off under Part VII;

(c)remuneration on suspension on medical grounds under Article 96 and remuneration on suspension on maternity grounds under Article 100, and

(d)remuneration under a protective award made under Article 217.

(3) In paragraph (1)(c) “holiday pay”, in relation to an employee, means—

(a)pay in respect of a holiday actually taken by the employee, or

(b)any accrued holiday pay which, under the employee’s contract of employment, would in the ordinary course have become payable to him in respect of the period of a holiday if his employment with the employer had continued until he became entitled to a holiday.

(4) A sum shall be taken to be reasonable for the purposes of paragraph (1)(e) in a case where a trustee in bankruptcy or liquidator has been or is required to be appointed if it is admitted to be reasonable by the trustee in bankruptcy or liquidator under Article 319 of the [1989 NI 19.] Insolvency (Northern Ireland) Order 1989 (effect of bankruptcy on apprenticeships etc.), whether as originally enacted or as applied to the winding up of a company by rules under Article 359 of that Order.

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