The Restriction of Public Sector Exit Payments Regulations 2020

Interpretation

2.  In these Regulations–

“the Act” means the Small Business, Enterprise and Employment Act 2015;

“ACAS” means the Advisory, Conciliation and Arbitration Service;

“ACAS Arbitration Scheme” means the arbitration scheme set out in the Schedule to the ACAS Arbitration (Great Britain) Order 2004(1);

“conciliation agreement” means any agreement to refrain from instituting or continuing legal proceedings where an ACAS conciliation officer has taken any action under any of sections 18A to 18C of the Employment Tribunals Act 1996(2);

“exit payment” means a payment of a description prescribed in regulation 5(2);

“exit payment cap” means the amount for the time being specified in section 153A(1) of the Act;

“financial year” means each period of 12 months ending on 31 March;

“fire and rescue authority” means the authority determined under section 1 or established under sections 2 or 4 of the Fire and Rescue Services Act 2004(3);

“hours worked” by a person means the normal working hours in a period of a month the person is required to work under a contract of employment in respect of an employee or under the terms of appointment to an office in respect of an office-holder;

“local authority” means–

(a)

a county council;

(b)

in relation to Wales only, a county borough council;

(c)

a district council;

(d)

a London borough council;

(e)

the Common Council of the City of London in its capacity as a local authority; or

(f)

the Council of the Isles of Scilly;

“redundancy” has the meaning in section 139 of the Employment Rights Act 1996(4);

“relevant authority” means–

(a)

a body listed in the Schedule; or

(b)

a body responsible for determining the level of remuneration payable to the holder of a public office listed in Part 2 of the Schedule;

“relevant Minister” means either–

(a)

a Minister of the Crown; or

(b)

in relation to a relevant Welsh exit payment, the Welsh Ministers;

“relevant public sector exit” means a situation where–

(a)

an employee leaves the employment of a relevant authority listed in Part 1 of the Schedule; or

(b)

an office-holder leaves an office listed in Part 2 of the Schedule;

“relevant redundancy payment” means–

(a)

a payment to a person of statutory redundancy pay to which the person is entitled under section 135 of the Employment Rights Act 1996(5); or

(b)

in a case where a person is not, solely as a result of section 159 of that Act, entitled to statutory redundancy pay, a payment to the person of an amount equivalent to the statutory redundancy pay to which the person would have been entitled but for section 159 of that Act;

“salary” in respect of any employment or service in an office means the annual value of remuneration, including any benefit in kind, a person was entitled to receive under a contract of employment in respect of the employment or office or under the terms of appointment to an office in respect of the office, on the date that the person left the employment or ceased to hold the office;

“settlement agreement” means any agreement to refrain from instituting or continuing legal proceedings which satisfies the conditions in section 203(3) of the Employment Rights Act 1996(6);

“statutory redundancy pay” means an amount calculated in accordance with section 162 of the Employment Rights Act 1996(7);

(1)

S.I. 2004/753.

(2)

1996 c.17. Sections 18A to 18C were added by the Enterprise and Regulatory Reform Act 2013 (c.24), section7(1).

(3)

2004 c.21. S.1 is moved under a new heading entitled “Fire and rescue authorities” by Policing and Crime Act 2017 (c. 3)Schedule1(1), para.2.

(4)

1996 c.18. Section 139 was amended by paragraph 31 of Schedule 21 to the Education Act 2002 (c.32) and paragraph 41(4) of Schedule 2(2) to the Local Education Authorities and Children’s Service Authorities (Integration of Functions) Order 2010 S.I. 2010/1158.

(5)

1996 c.18.

(6)

1996 c. 18.

(7)

1996 c. 18. Section 162 was amended by section 1(2)(a) of the Employment Rights (Dispute Resolution) Act 1998 (c.8), paragraph 1 of Schedule 9 to the Employment Relations Act 1999 (c.26) and S.I. 2006/1031.