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The Probation (Compensation) Regulations 1965

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Factors to be considered in determining payment of long-term and retirement compensation

14.—(1) For the purpose of determining whether long-term or retirement compensation for loss or diminution of emoluments should be paid to a claimant, and if so the amount of the compensation (subject to the limits set out in these Regulations), regard shall be had to such of the following factors as may be relevant, that is to say:—

(a)the conditions upon which the claimant held the employment which he has lost, including in particular its security of tenure, whether by law or by practice;

(b)the emoluments and other conditions, including security of tenure, whether by law or practice, of any work or employment undertaken by the claimant in place of the employment he has lost;

(c)the extent to which he has sought suitable employment and the emoluments which he might have acquired by accepting other suitable employment offered to him;

(d)the amount of any compensation recovered by him under or by virtue of the provisions of any enactment relating to the reinstatement in civil employment of persons who have been in the service of the Crown, or payable to him otherwise than under these Regulations in respect of the loss or diminution, whether by reason of any service agreement or contract or otherwise howsoever;

(e)the amount of any benefit to which he is immediately entitled by virtue of any pension scheme associated with the employment which he has lost; and

(f)all the other circumstances of his case:

Provided that no account shall be taken of the fact that a claimant undertook the office which he has lost or the emoluments of which have been diminished—

(i) after 10th June 1964, where the loss or diminution is attributable to any provision of the Act of 1964;

(ii) after the making of any order or scheme made under Part VI of the Act of 1933 or of any order made under Part II of the Act of 1958 or of any instrument made under the Act of 1964, where the loss or diminution was attributable to any provision of that order, scheme or instrument.

(2) In ascertaining for the purposes of sub-paragraph (c) of the last foregoing paragraph whether a person has been offered suitable employment, Regulation 7(3) of these Regulations shall apply as it applies for the purposes of that Regulation.

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