4.—(1) Compensation may be paid in accordance with this regulation to a person who is entitled to a redundancy payment under the 1996 Order on the termination of his employment.
(2) The amount which may be paid must not be more than the difference between—
(a)the redundancy payment to which he is entitled under Part XII of the 1996 Order(1); and
(b)the payment to which he would have been entitled if there had been no limit on the amount of a week’s pay used in the calculation of his redundancy payment(2).
(3) The power to pay compensation is exercisable by the Scheme employer by which he is employed immediately before the termination date.
Commencement Information
I1Reg. 4 in operation at 12.3.2007, see reg. 1(2)
Part XII of the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16)) as amended by S.I. 1998 No. 1265 (N.I. 8), S.R. 1999 No. 409, S.I. 1999 No. 2790 (N.I. 9), S.R. 2002 No. 298 and S.R. 2004 No. 307.
See Article 23(1)(c) of the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16)).