The Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order (Amendment) Order 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Redundancy Payments (Continuity of Employment in Local Government, etc.)(Modification) Order 1999 (“the principal Order”).

Part 1 of Schedule 2 to the principal Order modifies sections 146, 155 and 162 of the Employment Rights Act 1996 (“the 1996 Act”). These sections concern entitlement to redundancy payments under the 1996 Act. Section 146 of the 1996 Act is modified so that, when the principal Order applies, the references in sections 138 and 141 of the 1996 Act to re-engagement by an employer or an offer from an employer include re-engagement or an offer from any employer specified in Part 2 of Schedule 2 to the principal Order. Sections 155 and 162 of the 1996 Act are amended so that, when the principal Order applies, the phrase “continuously employed” in those sections is substituted by “employed in relevant service”. “Relevant service” is defined in those sections as continuous employment with one, or successive employment with two or more, employers specified in Part 2 of Schedule 2 to the principal Order. The principal Order applies to any person who immediately before the occurrence of a relevant event is employed by an employer in Schedule 1 to the principal Order. A “relevant event” is defined as any event by which a person may become entitled to a redundancy payment under the 1996 Act. Any employer specified in Schedule 1 to the principal Order is also specified in Part 2 of Schedule 2 to the principal Order.

Articles 3 to 9 amend Schedule 1 to the principal Order. Three new employers are added to section 1 (local government); the Accounts Commission for Scotland is substituted by Audit Scotland; two new employers are added to section 2 (planning and development); in section 3 (education) Shetland Arts Trust is substituted by the Shetland Arts and Development Agency; one new employer is added to section 6 (police, fire and civil defence); Four new employers are added to section 8 (social services); one new employer is added to section 9 (museums) and twenty-one new employers are added to section 10 (miscellaneous bodies);

Articles 11 to 13 amend Part 2 of Schedule 2 to the principal Order. The Accounts Commission for Scotland is added to section 2 (local government). Shetland Arts Trust is added to section 4 (education), and the Office of the Traffic Director for London is added to section 9 (miscellaneous).

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available on the Department for Communities and Local Government website (http://www.communities.gov.uk) and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.