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1975 c.15 42.(1) Where an employee claims that his employer is liable to pay to him an employer's payment, and either (a)that the employee has taken all reasonable steps (other than legal proceedings) to recover the payment from the employer and that 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 (b)that the employer is insolvent and that the whole or part of the payment remains unpaid, (2) If on an application under this section the Ministry is satisfied (a)that the employee is entitled to the employer's payment; (b)that either the condition specified in subsection (1)(a) or the condition specified in subsection (1)(b) is fulfilled; and (c)that, in a case where the employer's payment is such a payment as is mentioned in paragraph (b) or paragraph (c) of section 40(1), the employee's right to the payment arises by virtue of a period of employment (computed in accordance with the provisions of the agreement in question) which is not less than one hundred and four weeks, (3) Where the Ministry pays a sum to an employee in respect of an employer's payment, (a)all rights and remedies of the employee with respect to the employer's payment, or (if the Ministry has paid only part of it) all his rights and remedies with respect to that part of the employer's payment, shall be transferred to and vest in the Ministry; and (b)any decision of a tribunal requiring the employer's payment to be paid to the employee shall have effect as if it required that payment, or, as the case may be, that part of it which the Ministry has paid, to be paid to the Ministry; (4) Where the Ministry pays a sum under this section in respect of an employer's payment, then (subject to the following provisions of this subsection) section 40 shall apply as if that sum had been paid by the employer to the employee on account of that payment; but if, in a case falling within paragraph (a) of subsection (1), it appears to the Ministry that the refusal or failure of the employer to pay the employer's payment, or part of it, as the case may be, was without reasonable excuse, the Ministry (subject to section 44) may withhold any rebate to which the employer would otherwise be entitled in respect of the employer's payment, or may reduce the amount of any such rebate to such extent as the Ministry considers appropriate. (5) For the purposes of this section an employer shall be taken to be insolvent if (a)he has become bankrupt or has made a composition or arrangement with his creditors; (b)he has died and an order has been made under section 21 of the Bankruptcy Amendment Act (Northern Ireland) 1929 for the administration of his estate according to the law of bankruptcy, or by virtue of an order of the court his estate is being administered in accordance with the rules set out in Part I of Schedule 1 to the Administration of Estates Act (Northern Ireland) 1955; or (c)where the employer is a company, a winding-up order has been made with respect to it or a resolution for voluntary winding-up has been passed with respect to it, or a receiver or manager of its undertaking has been duly appointed, or 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. (6) In this section "legal proceedings" does not include any proceedings before a tribunal, but includes any proceedings to enforce a decision or award of a tribunal.
© 1965 Crown Copyright
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URL: http://www.bailii.org/nie/legis/num_act/coearpai1965652/s42.html