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Employment Protection (Consolidation) Act 1978

Status:

This is the original version (as it was originally enacted).

Section 106.

SCHEDULE 7Calculation of Payments to Employees out of Redundancy Fund

1(1)Where the employer's payment is a redundancy payment, the sum referred to in section 106(2) is a sum equal to the amount of that payment

(2)Where, in a case falling within section 104(6), the employer's payment is part of a redundancy payment, the sum referred to in section 106(2) is a sum equal to the amount of that part of the payment

2(1)The provisions of this paragraph shall have effect for the purpose of determining the sum referred to in section 106(2) in relation to an employer's payment which is not a redundancy payment or part of a redundancy payment.

(2)Paragraphs 6 and 7 of Schedule 6 shall have effect for the purposes of this paragraph as they have effect for the purposes of Part II of that Schedule; and in the application of those paragraphs in accordance with this sub-paragraph the employer's payment in relation to which the sum referred to in section 106(2) falls to be determined shall be taken to be the agreed payment.

(3)In relation to any such employer's payment, the sum in question shall be a sum equal to—

(a)the amount of the employer's payment, or

(b)the amount of the relevant redundancy payment,

whichever is the less.

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