NIM07041 - Class 1 NICs: Payments made under employment legislation: Unfair dismissal: Pay under an order for the continuation of a contract of employment: Assessment by employment tribunal of amount payable by the employer to the employee
Section 130 Employment Rights Act 1996
Section 164 Trade Union and Labour Relations (Consolidation) Act 1992
NIM07040 explains that where an employment tribunal (ET) (in NorthernIreland, an industrial tribunal) makes an order for the continuation of a contract ofemployment, the ET will also specify the amount that the employer must pay the employee byway of pay for each normal full or part pay period falling between:
- the date of dismissal; and
- the determination or settlement of the employees complaint.
The amount awarded by the ET will be the amount that the employee could reasonably haveexpected to earn during the period of the award. In determining that amount, the ET will:
- calculate the amount as if the employee had not been dismissed; and
- take into account any lump sum received by the employee on or after their dismissal which, wholly or partially:
- represents payment in lieu of wages; but
- is not referable to the employees normal pay period.
For details about the NICs treatment of payments made under an order for thecontinuation of a contract of employment, see NIM07042.