The Dock Work (Compensation Payments Scheme) Regulations 1989

Explanatory Note

(This note is not part of the Regulations)

These Regulations provide a scheme of compensation for former registered dock workers dismissed by reason of redundancy on the passing of the Act, or at any time thereafter until the end of 31st July 1992. The Scheme, set out in the Schedule to the Regulations, defines what is meant by “dismissed by reason of redundancy” (paragraph 3) and makes provision for dismissal by a subsequent employer when a registered employer’s business is transferred in circumstances where the Transfer of Undertakings (Protection of Employment) Regulations 1981 (S.I. 1981/1794) apply (paragraph 4). There is an upper age limit of 65 for entitlement to compensation (paragraph 5).

The Scheme provides for employers to pay compensation of up to £35,000 for employees aged under 65 dismissed before 1st February 1991, and of up to £20,000 for those dismissed within the next eighteen months. However for employees aged 62 years and 6 months or over on dismissal there is a tapering-off of compensation (paragraph 6).

The Secretary of State will contribute to employers one half of the compensation (paragraph 7). The Secretary of State can require employers to provide information, or produce documents, to determine whether applications for his contribution are well founded (paragraph 8).

If an employer is insolvent the employee can apply to the Secretary of State for him to pay the full amount of compensation or the balance if the employer has paid part. The Secretary of State can obtain information or documents from the employer, or relevant officers appointed in connection with the employer’s insolvency (paragraph 9).

Disputes may be referred to an industrial tribunal (paragraph 10).