The Harbour Reorganisation (Compensation to Employees) Regulations 1967

Factors to be considered in determining payment of long-term compensation

14.—(1) For the purpose of determining whether long-term compensation for loss or diminution of emoluments should be paid to a claimant and, if so, the amount of the compensation (subject to the limits set out in these regulations), regard shall be had to such of the following factors as may be relevant, that is to say:—

(a)the conditions upon which the claimant held the employment which he has lost, including in particular its security of tenure, whether by law or practice;

(b)the emoluments and other conditions, including security of tenure, whether by law or practice, of any work or employment undertaken by the claimant in place of the employment he has lost;

(c)the extent to which he has sought suitable employment and the emoluments which he might have acquired by accepting other suitable employment offered to him;

(d)the amount of any compensation recovered by him under or by virtue of the provisions of any enactment relating to the reinstatement in civil employment of persons who have been in the service of the Crown, or payable to him otherwise than under these regulations in respect of the loss or diminution, whether by reason of any service agreement or contract or otherwise howsoever;

(e)the amount of any benefit to which he is immediately entitled by virtue of any pension scheme associated with the employment which he has lost; and

(f)all the other circumstances of his case:

Provided that if at the time when the claimant entered the employment which he has lost, or in which he has suffered a diminution of emoluments, proceedings had been commenced under section 18 of, and Schedule 4 to, the Act with a view to the confirmation of a harbour reorganisation scheme affecting the authority or person by whom he was employed, no account shall be taken of that fact.

(2) In ascertaining for the purposes of sub-paragraph (c) of the last foregoing paragraph whether a person has been offered suitable employment, regulation 7(3) of these regulation shall apply as it applies for the purposes of that regulation.