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CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 40

1962 c.9

40.(1) Subject to the provisions of this section, the Ministry shall make a
payment (in this Part referred to as a "rebate") out of the fund to any
employer who

(a)is liable under Part II to pay, and has paid, a redundancy payment to an
employee, or

(b)under an agreement in respect of which an order is in force under
section 21, is liable to make, and has made, a payment to an employee on the
termination of his contract of employment, or

(c)by virtue of any award made by the Industrial Court as mentioned in
section 22(2), in relation to an agreement in respect of which such an order
is in force, is liable to make, and has made, a payment to an employee on the
termination of his contract of employment.

(2) No rebate shall be payable by virtue of this section in a case falling
within paragraph (b) or paragraph (c) of subsection (1) if the employee's
right to the payment referred to in that paragraph arises by virtue of a
period of employment (computed in accordance with the provisions of
the agreement in question) which is less than one hundred and four weeks.

[(2A) The Department may if it thinks fit pay a rebate to an employer who has
paid an employee a redundancy payment in circumstances in which, owing to
section 31, the employee had no right to, and the employer had no liability
for, the payment, if the Department is satisfied that it would be just and
equitable to do so having regard to all the relevant circumstances.]

(3) The amount of any rebate shall (subject to subsection (6)) be calculated
in accordance with Schedule 6.

(4) The Ministry shall make provision by regulations as to the making of
claims for rebates; and any such regulations may in particular

(a)require any claim for a rebate to be made at or before a time prescribed by
the regulations;

(b)in such cases as may be so prescribed, require prior notice that such a
claim may arise to be given at or before a time so prescribed, so however
that, where the claim would relate to an employer's payment in respect of
dismissal, the regulations shall not require the notice to be given more than
four weeks before the date on which the termination of the contract of
employment takes effect; and

(c)for the purpose of determining the right of any person to, and the amount
of, any rebate, require a person, at any time when he makes a claim or gives
prior notice as mentioned in paragraph (a) or paragraph (b), to provide such
evidence and such other information, and to produce for examination on behalf
of the Ministry documents in his custody or under his control of such
descriptions, as may be determined in accordance with the regulations.

(5) In relation to any case where, under any provision contained in Part II, a
tribunal determines that an employer is liable to pay part (but not the whole)
of a redundancy payment, the reference in subsection (1)(a) to a redundancy
payment shall be construed as a reference to that part of the redundancy
payment.

(6) If any employer who, in accordance with subsection (1), would be entitled
to a rebate fails to give prior notice as required by any such regulations in
accordance with subsection (4)(b), and it appears to the Ministry that he has
so failed without reasonable excuse, the Ministry (subject to section 44) may
reduce the amount of the rebate by such proportion (not exceeding one-tenth)
as appears to the Ministry to be appropriate in the circumstances.

(7) Any person who

(a)in providing any information required by regulations under this section,
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

(b)produces for examination in accordance with any such regulations a document
which to his knowledge has been wilfully falsified,

(8) A person guilty of an offence under subsection (7) shall be liable on
summary conviction to a fine not exceeding #100 or to imprisonment for a term
not exceeding three months or both, or on conviction on indictment to a fine
or to imprisonment for a term not exceeding two years or both.

© 1965 Crown Copyright

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