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CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 48

Strike during currency of employer's notice to terminate contract.

48.(1) The provisions of this section shall have effect with respect to
employment of either of the folowing descriptions, that is to say, employment
which

(a)is employment in a public office for the purposes of [section 38 of the
Superannuation Act 1965 or section 38 of the Superannuation Act (Northern
Ireland) 1967]; or

(b)is employment such as is mentioned in section 26(3)(b);

(2) Where the Ministry is satisfied that a payment has been, or will be, made
in respect of the termination of any person's employment of any description
specified in subsection (1), and that the payment has been, or will be, so
made to or in respect of him

(a)in accordance with any provision of the Superannuation Acts, or

[(aa)in accordance with any provision of a scheme made under section 1 of the
Superannuation Act 1972 or Article 3 of the Superannuation (Northern Ireland)
Order 1972, or]

(b)in accordance with any such arrangements as are mentioned in subsection
(3),

(3) The arrangements referred to in subsection (2)(b) are

(a)any arrangements made with the approval of the Ministry of Finance for
securing that payments by way of compensation for loss of any such employment
as is mentioned in subsection (1) will be made

(i)in circumstances which in the opinion of the Ministry of Finance correspond
(subject to the appropriate modifications) to those in which a right to a
redundancy payment would have accrued if section 11 had applied, and

(ii)on a scale which in the opinion of the Ministry of Finance, taking into
account any sums which are payable in accordance with [a scheme made under
Article 3 of the Superannuation (Northern Ireland) Order 1972 or] the
Superannuation Acts to or in respect of the person losing the employment in
question, corresponds (subject to the appropriate modifications) to that on
which a redundancy payment would have been payable if section 11 had applied;
or

(b)any arrangements such as are referred to in any provision of the United
Kingdom Act corresponding to paragraph (a).

(4) For the purposes of subsection (2) the appropriate sum is the sum
appearing to the Ministry to be equal to the amount of the rebate which would
have been payable under Part III if such a right as is mentioned in
sub-paragraph (i) of subsection (3)(a) had accrued, and such a redundancy
payment as is mentioned in sub-paragraph (ii) of subsection (3)(a) had been
payable and had been paid.

(5) Any accounts prepared by the Ministry under section 36(2) shall show as a
separate item the aggregate amount of sums paid under subsection (2) during
the period to which the accounts relate.

(6) In this section

"the Superannuation Acts" means the Superannuation Acts (Northern Ireland)
[1967 and 1969], or, as the case may require, the Superannuation Acts [1965
and 1967];

"the appropriate fund or authority"

(a)in relation to employment in any capacity remunerated out of money provided
by Parliament or the Consolidated Fund, means the Exchequer; and

(b)in relation to employment in any other capacity means the fund out of
which, or the body out of whose revenues, the employment is remunerated, or
such other fund, body or person as the Ministry of Finance may direct.

© 1965 Crown Copyright

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