Dock Work (Compensation Payments Scheme) Regulations 1989
| Jurisdiction | UK Non-devolved |
| Citation | SI 1989/1111 |
| Year | 1989 |
1989No. 1111
HARBOURS, DOCKS, PIERS AND FERRIES
The Dock Work (Compensation Payments Scheme) Regulations
1989
5thJuly1989
5thJuly1989
6thJuly1989
The Secretary of State for Transport in exercise of the powers conferred on him by section 5 of, and paragraph 4(5) of Schedule 2 to, the Dock Work Act 1989 ( a) and of all other powers enabling him in that behalf hereby makes the following Regulations with the consent, so far as paragraphs 7 and 9 of the Schedule thereto are concerned, of the Treasury:
1. These Regulations may be cited as the Dock Work (Compensation Payments Scheme) Regulations 1989 and shall come into force on 6th July 1989.
2. The Scheme set out in the Schedule to these Regulations shall have effect.
Paul Channon |
|
4th July 1989 |
Secretary of State for Transport |
We consent to paragraphs 7 and 9 of the Schedule to these Regulations
David Lightbown |
|
David MacLean |
|
5th July 1989 |
Two of the Lords Commissioners of Her Majesty's Treasury |
(a) 1989 c.13.
SCHEDULE
Regulation 2
COMPENSATION PAYMENTS SCHEME
Definitions
1. In this Scheme:-
"the Act" means the Dock Work Act 1989;
"employee" means a person who immediately before 3rd July 1989 was a permanent worker or a temporarily unattached worker as defined in the Dock Workers Employment Scheme 1967 ( a);
"employer" except in the phrase "successor employer" means a former registered employer as defined in section 5(13) of the Act;
"the relevant purposes" means for the purposes of section 5 of the Act and of the Scheme;
"service" means any period in which the employee's name was entered in any statutory register of dock workers (whether or not he was in the employment of an employer) immediately prior to 3rd July 1989 together with the period in which he was continuously employed (within the meaning of Schedule 13 of the Employment Protection (Consolidation) Act 1978 ( b)) by his employer immediately thereafter and any period of continuous employment by a successor employer from the date of the employee ceasing to be employed by his employer;
"successor employer" has the same meaning as in section 5(3)(a) of the Act.
Prescribed period
2. The period prescribed for the purposes of section 5(2)(b) of the Act is the period starting on 3rd July 1989 and ending at the end of 31st July 1992.
Dismissed by reason of redundancy
3.-(1) For the relevant purposes an employee who is dismissed shall be taken to be dismissed by reason of redundancy if the dismissal is attributable wholly or mainly to-
(a) the fact that his employer has ceased, or intends to cease, to carry on the business for the purposes of which the employee was employed by him, or has ceased, or intends to cease to carry on that business in the place where the employee was so employed, or(b) the fact that the requirements of that business for employees to carry out work of a particular kind or for employees to carry out work of a particular kind in the place where he was so employed, have ceased or diminished or are expected to cease or diminish.In this sub-paragraph "cease" means cease either permanently or temporarily and from whatsoever cause, and "diminish" has a corresponding meaning.
(2) For the relevant purposes an employee shall be taken to be dismissed if, but only if-
(a) the contract under which he is employed by the employer is terminated by the employer, whether it is so terminated by notice or without notice, or(b) the employee terminates that contract with or without notice, in circumstances such that he is entitled to terminate it without notice by reason of the employer's conduct.(3) For the relevant purposes an employee given notice to terminate his contract of employment before 1st August 1992 in a case where the notice does not take effect until on or after that date shall be taken to be dismissed immediately prior to 1st August 1992 notwithstanding that the notice does not take effect until after that date.
(4) An employee to whom paragraph 4(4) of Schedule 2 of the Act applies is not by virtue thereof to be taken to be dismissed by reason of redundancy by his previous employer if the dismissal was justified for reasons other than redundancy.
Dismissal by successor employer
4. For the relevant purposes:-
(a) an employee dismissed by reason of redundancy within the period prescribed by paragraph 2 by a...To continue reading
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