that the employee has taken all reasonable steps, other than legal proceedings, to recover the payment from the employer and the employer has refused or failed to pay it, or has paid part of it and has refused or failed to pay the balance, or

that the employer is insolvent and the whole or part of the payment remains unpaid,

a redundancy payment which his employer is liable to pay to him under this Part, F1. . .

a payment which his employer is liable to make to him under an agreement to refrain from instituting or continuing proceedings for a contravention or alleged contravention of section 135 which has effect by virtue of section 203(2)(e) or (f), or

a payment which his employer is, under an agreement in respect of which an order is in force under section 157, liable to make to him on the termination of his contract of employment.

does not include any proceedings before an F3employment tribunal, but

includes any proceedings to enforce a decision or award of an F3employment tribunal.

where the employer is an individual, if (but only if) subsection F19(6), (8ZA) or (8A) is satisfied, F4. . .

where the employer is a company, if (but only if) subsection F20(7), (8ZA) or (8A) is satisfied F5, F18...

where the employer is a limited liability partnership, if (but only if) subsection F21(8), (8ZA) or (8A) is satisfied.F17; and

where the employer is not any of the above, if (but only if) subsection F22(8ZA) or (8A) is satisfied.

if a winding up order F6. . . has been made, or a resolution for voluntary winding up has been passed, with respect to the company,

if the company is in administration for the purposes of the Insolvency Act 1986,

if a receiver or (in England and Wales only) a manager of the company’s undertaking has been duly appointed, or (in England and Wales only) possession has been taken, by or on behalf of the holders of any debentures secured by a floating charge, of any property of the company comprised in or subject to the charge, or

if a voluntary arrangement proposed in the case of the company for the purposes of Part I of the Insolvency Act 1986 has been approved under that Part of that Act.

if a winding-up order, an administration order or a determination for a voluntary winding-up has been made with respect to the limited liability partnership,

if a receiver or (in England and Wales only) a manager of the undertaking of the limited liability partnership has been duly appointed, or (in England and Wales only) possession has been taken, by or on behalf of the holders of any debentures secured by a floating charge, of any property of the limited liability partnership comprised in or subject to the charge, or

if a voluntary arrangement proposed in the case of the limited liability partnership for the purpose of Part I of the Insolvency Act 1986 has been approved under that Part of that Act.

the employer is a legal person,

“liquidator or person performing a similar task” includes the official receiver or an administrator, trustee in bankruptcy, judicial factor, supervisor of a voluntary arrangement, or person performing a similar task,

references to a company are to be read as including references to a charitable incorporated organisation, and

any reference to the Insolvency Act 1986 in relation to a company is to be read as including a reference to that Act as it applies to charitable incorporated organisations.

that the employee is entitled to the employer’s payment, and

that one of the conditions specified in paragraphs (a) and (b) of subsection (1) of section 166 is fulfilled,

all rights and remedies of the employee with respect to the employer’s payment, or (if the Secretary of State has paid only part of it) all the rights and remedies of the employee with respect to that part of the employer’s payment, are transferred to and vest in the Secretary of State, and

any decision of an F9employment tribunal requiring the employer’s payment to be paid to the employee has effect as if it required that payment, or that part of it which the Secretary of State has paid, to be paid to the Secretary of State.

where the employer’s payment to which the employee’s application under section 166 relates is a redundancy payment or a part of a redundancy payment, is a sum equal to the amount of the redundancy payment or part, F10. . .

where the employer’s payment to which the employee’s application under section 166 relates is a payment which his employer is liable to make to him under an agreement having effect by virtue of section 203(2)(e) or (f), is a sum equal to the amount of the employer’s payment or of any redundancy payment which the employer would have been liable to pay to the employee but for the agreement, whichever is less, and

where the employer’s payment to which the employee’s application under section 166 relates is a payment which the employer is liable to make under an agreement in respect of which an order is in force under section 157, is a sum equal to the amount of the employer’s payment or of the relevant redundancy payment, whichever is less F12, or

receipt of information from the employer and consultation by the employer under section 188 (redundancies) or under the Transfer of Undertakings (Protection of Employment) Regulations 1981.

the order in force in respect of the agreement had not been made,

the circumstances in which the employer’s payment is payable had been such that the employer was liable to pay a redundancy payment to the employee in those circumstances,

the relevant date, in relation to any such redundancy payment, had been the date on which the termination of the employee’s contract of employment is treated as having taken effect for the purposes of the agreement, and

in so far as the provisions of the agreement relating to the circumstances in which the continuity of an employee’s period of employment is to be treated as broken, and the weeks which are to count in computing a period of employment, are inconsistent with the provisions of Chapter I of Part XIV, the provisions of the agreement were substituted for those provisions.

to provide the Secretary of State with such information, and

to produce for examination on behalf of the Secretary of State documents in his custody or under his control of such description,

in providing any information required by a notice under subsection (1), he makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular, or

he produces for examination in accordance with a notice under subsection (1) a document which to his knowledge has been wilfully falsified.

on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months, or to both, or

on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.

any question as to the liability of the employer to pay the employer’s payment, and

any question as to the amount of the sum payable in accordance with section 168.