Local Government (Compensation for Redundancy) (Amendment) Regulations 1996

Part III

4.  The 1994 Regulations are amended by substituting for Part III the following—

“Part III Persons to whom this Part applies

5.   This Part applies to an eligible employee who—

(a) ceases during the prescribed period to hold his employment with a relevant body by reason of redundancy or in the interests of the efficient exercise of that body’s functions; and

(b) meets the prescribed conditions.

Prescribed conditions

6.— (1) The provisions of the next subsequent paragraphs are the prescribed conditions for the purposes of regulation 5.

(2) The first condition is that the person is not entitled to have his case considered for the payment of compensation within the meaning of Part I of Schedule 2 to the 1982 Regulations.

(3) The second condition is that the person has on the material date—

(a) attained the age of 18 years but has not attained the age of 50 years, and is entitled to count continuous or qualifying employment amounting in total to not less than 2 years; or

(b) has attained the age of 50 years.

(4) The third condition, which applies only to the case of a person who ceases to be employed by a relevant body in Wales in circumstances under which he is otherwise entitled to payment under these Regulations, is that—

(a) where the relevant body is an old authority as defined in section 64(1) of the Local Government (Wales) Act 1994, the body which is specified in the Schedule to these Regulations as the successor in relation to that relevant body certifies to the relevant body that—

(i) the person would otherwise be entitled to payment under these Regulations; and

(ii) the loss of employment is attributable to any provision made by or under the Local Government (Wales) Act 1994 or Part III of the Environment Act 1995(1); or

(b) where the relevant body is a county council or county borough council established under the Local Government (Wales) Act 1994 or the Residuary Body for Wales established under section 39 of that Act or a National Park authority in Wales, it certifies that the loss of employment is attributable to any provision made by or under that Act of 1994 or, as the case may be, Part III of the Environment Act 1995.

(5) The fourth condition is that he is not a person who has entered into an agreement as is mentioned in section 142(2) of the Employment Protection (Consolidation) Act 1978 to exclude any right to a redundancy payment under Part VI of that Act and on whose cessation of employment on the material date such exclusion takes effect.

Computation of compensation

7.— (1) No later than six months after the material date a relevant body—

(a) shall determine to pay the compensation prescribed in regulation 8(2) to a person who meets the requirements of regulation 8(1);

(b) may determine to pay the compensation prescribed in regulation 8(5) to a person who meets the requirements of regulation 8(1);

(c) may determine to pay the compensation prescribed in regulation 9 to a person who meets the requirements of regulation 9(1);

(d) may determine to pay the compensation prescribed in regulation 10 to a person who meets the requirements of regulation 10(1); and

(e) may determine to pay the compensation prescribed in regulation 11 to a person to whom they have determined to pay the compensation prescribed in regulation 9 or 10 as the case may be.

(2) In any case in which regulation 6(4)(a) applies, the reference in paragraph (1) to the relevant body shall, after 31st March 1996, be a reference to the body which is specified in the Schedule as the successor in relation to that relevant body.

(3) Where—

(a) in accordance with paragraphs (1) and (2), a payment is to be made by a successor relevant body, and

(b) the area of the old authority as referred to in regulation 6(4)(a) is divided among two or more new local government areas by the Local Government (Wales) Act 1994

no compensation shall be paid by the successor relevant body under sub-paragraphs (b), (c), (d) or (e) of paragraph (1) unless the council of each such other new local government area has consented to the payment.

General mandatory compensation and additional discretionary compensation

8.— (1) This regulation applies to a person to whom this Part applies and who, on the material date,

(a) has attained the age of 18 years but has not attained the age of 50 years and who is entitled to count continuous or qualifying employment amounting in total to not less than 2 years; or

(b) has attained the age of 50 years and who is entitled to count continuous or qualifying employment amounting in total to less than 2 years.

(2) The compensation payable under regulation 7(1)(a) shall be an amount equal to the lesser of—

(a) a sum equivalent to 66 weeks' pay; or

(b) the relevant total sum referred to in paragraphs (3) and (4).

(3) In the case of cessation of employment before the age of 23 the relevant total sum shall be—

(a) a sum equivalent to one half week’s pay for each complete year of continuous employment after the attainment of age 18; and

(b) where such cessation is on or after the attainment of age 20, a sum equivalent to one half week’s pay for each complete year of continuous employment after the attainment of age 20.

(4) In the case of cessation of employment on or after the attainment of age 23, the relevant total sum shall be—

(a) a sum equivalent to two weeks' pay for each complete year of continuous employment after the attainment of age 18; and

(b) where such cessation is on or after the attainment of age 41, a sum equivalent to three weeks' pay for each complete year of continuous employment after the attainment of age 41.

(5) The compensation which may be payable under regulation 7(1)(b) is such sum when aggregated with the compensation payable under regulation 7(1)(a) shall not exceed the lesser of—

(a) a sum equivalent to 66 weeks' pay; or

(b) the relevant total sum calculated in accordance with the formula set out in paragraphs (3) or (4) as applicable but with the substitution for the words “continuous employment” of the words“qualifying employment”.

Discretionary compensation for certain persons

9.— (1) This regulation applies to a person to whom this Part applies and who—

(a) ceases employment on or after the attainment of age 50; and

(b) is entitled to count continuous or qualifying employment amounting in total to 2 or more but less than 5 years.

(2) The compensation which may be payable under regulation 7(1)(c) shall be the relevant total sum calculated in accordance with paragraph (3);

(3) The relevant total sum shall be—

(a) a sum equivalent to one and one half weeks' pay for each complete year of continuous employment after the attainment of age 18;

(b) a sum equivalent to two and one half weeks' pay for each complete year of continuous employment after the attainment of age 41; and

(c) a sum equivalent to one half week’s pay.

(4) No payment shall be made to a person under this regulation unless—

(a) the person gives written consent to such payment after receipt of the written notification referred to in regulation 15; and

(b) he waives his right to the immediate payment of benefits under regulation E2(1)(b)(iii) and (4) of the 1986 Regulations or, by notice in writing under regulation D6(3) of the 1995 Regulations, under regulation D6(1) of those Regulations.

Discretionary compensation for certain persons

10.— (1) This regulation applies to a person to whom this Part applies and who—

(a) ceases employment on or after the attainment of age 50; and

(b) is entitled to count continuous or qualifying employment amounting in total to not less than 5 years.

(2) The compensation which may be payable under regulation 7(1)(d) to a person shall be an amount equal to the lesser of—

(a) a sum equivalent to 45 weeks' pay; or

(b) the relevant total sum calculated in accordance wtih regulation 9(3);

(3) If a relevant body determines to pay to a person the compensation prescribed in this regulation they shall not credit that person with a period of service under regulation 5(1) of the 1982 Regulations.

Discretionary compensation

11.— (1) The compensation which may be payable under regulation 7(1)(e) is such sum which when aggregated with the compensation payable under regulations 9 or 10 as the case may be, shall not exceed the relevant maximum.

(2) In paragraph (1), “relevant maximum” means the lesser of—

(a) a sum equivalent to 66 weeks' pay; or

(b) the total of—

(i) a sum equivalent to 2 weeks' pay for each complete year of qualifying employment after the attainment of age 18; and

(ii) a sum equivalent to 3 weeks' pay for each complete year of qualifying employment after the attainment of age 41.

Offset of redundancy payment and other payments

12.— (1) From the total sum payable to a person to whom this Part applies there shall be deducted an amount equivalent to any redundancy payment made to that person.

(2) Subject to paragraph (4), for the purpose of calculating the compensation payable to a person under this Part, the relevant body shall not include in the calculation any years of continuous or qualifying employment which it or a previous employing body or relevant body has taken into account for the purpose of calculating compensation which has been paid previously to the person under these Regulations or the 1982 Regulations.

(3) Subject to paragraph (4), no period of continuous or qualifying employment which has been taken into account in calculating compensation paid under this Part may be taken into account for the purposes of calculating compensation to be paid under these Regulations or other regulations made under section 24 of the Superannuation Act 1972.

(4) A period of continuous or qualifying employment of a person with a relevant body which is concurrent with a continuous or qualifying employment with that relevant body or another employing body may be included in the calculation of qualifying employment under this Part by that relevant body.”.

(1)

1995 c. 25.