Skip to content
Solved
ConnectSearchBrowseDocs
Sign in

Contents

Legislation
Employment Rights Act 1996

Part XII Insolvency of employers

  • Section 182 Employee’s rights on insolvency of employer.
  • Section 183 Insolvency.
  • Section 184 Debts to which Part applies.
  • Section 185 The appropriate date.
  • Section 186 Limit on amount payable under section 182.
  • Section 187 Role of relevant officer.
  • Section 188 Complaints to employment tribunals.
  • Section 189 Transfer to Secretary of State of rights and remedies.
  • Section 190 Power to obtain information.
  1. Part XII · Insolvency of employers
  2. Role of relevant officer.

Section 187 | Role of relevant officer.

From legislation.gov.uk

(1)Where a relevant officer has been, or is required to be, appointed in connection with an employer’s insolvency, the Secretary of State shall not make a payment under section 182 in respect of a debt until he has received a statement from the relevant officer of the amount of that debt which appears to have been owed to the employee on the appropriate date and to remain unpaid.

(2)If the Secretary of State is satisfied that he does not require a statement under subsection (1) in order to determine the amount of a debt which was owed to the employee on the appropriate date and remains unpaid, he may make a payment under section 182 in respect of the debt without having received such a statement.

(3)A relevant officer shall, on request by the Secretary of State, provide him with a statement for the purposes of subsection (1) as soon as is reasonably practicable.

(4)The following are relevant officers for the purposes of this section—

(a)a trustee in bankruptcy or a trustee or interim trustee (within the meaning of the Bankruptcy (Scotland) Act 2016),F1F2

(b)a liquidator,

(c)an administrator,

(d)a receiver or manager,

(e)a trustee under a composition or arrangement between the employer and his creditors, and

(f)a trustee under a trust deed for his creditors executed by the employer.

(5)In subsection (4)(e) “trustee” includes the supervisor of a voluntary arrangement proposed for the purposes of, and approved under, Part I or VIII of the Insolvency Act 1986.

Notes

  1. F1

    Word in s. 187(4)(a) substituted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 16(3)(a)

  2. F2

    Word in s. 187(4)(a) substituted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 16(3)(b)

PreviousNext
PrivacyCookiesTerms