Part IVE+W+S Procedure for Handling Redundancies

106 Supplementary. E+W+S

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(2)For the purposes of any proceedings under this Part of this Act, the dismissal or proposed dismissal of an employee shall be presumed, unless the contrary is proved, to be by reason of redundancy.

(3)[F2Schedule 14 to the M1Employment Protection (Consolidation) Act 1978 shall apply for the calculation of a week’s pay for the purposes of section 102 above, and, for the purposes of Part II of that Schedule, the calculation date is—

(a)in the case of an employee who was dismissed before the date on which the protective award was made, the date which by virtue of paragraph 7(1)(k) or (l) of the said Schedule 14] is the calculation date for the purpose of computing the amount of a redundancy payment in relation to that dismissal (whether or not the employee concerned is entitled to any such payment); and

(b)in any other case, the date on which the protective award was made.

(4)The Secretary of State may by order vary the provisions of sections 99(3) and 100(1) above and the periods referred to in section 101(5)(a) to (c) above and may vary those provisions or periods either generally or in their application to any description of employees, but no such order shall be made which has the effect of reducing to less than 30 days the periods referred to in sections 99(3) and 100(1) as the periods which must elapse before the first of the dismissals takes effect.

(5)No order shall be made under subsection (4) above unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.