Part VII, Section 103 · Employment Equality Act 1998

Contents

103Provisions relating to insolvency.#

—(1) There shall be included among the debts which, under section 285 of the Companies Act, 1963, are, in the distribution of the assets of a company being wound up, to be paid in priority to all other debts, all relevant compensation payable under this Part or section 44 of the Act of 2015 in accordance with section 83 by the company, and that Act shall have effect accordingly, and formal proof of the debts to which priority is given under this subsection shall not be required except in cases where it may otherwise be provided by rules made under that Act.

(2)There shall be included among the debts which, under section 81 of the Bankruptcy Act, 1988, are, in the distribution of the property of a bankrupt or arranging debtor, to be paid in priority to all other debts, all relevant compensation payable under this Part or under section 44 of the Act of 2015 in accordance with section 83 by the bankrupt or arranging debtor, as the case may be, and that Act shall have effect accordingly, and formal proof of the debts to which priority is given under this subsection shall not be required except in cases where it may otherwise be provided by general orders made under that Act.

(3)For the purposes of this section “relevant compensation” means sums ordered to be paid by way of redress by virtue of—

(a)at the beginning of section 53(2 (which provides as to the effect of presentment of a bill of exchange) there shall be inserted the words “ Subject to section 75A of this Act, ”; and

(b)a decision under section 79(6) (including that provision as applied by section 85(2)),

(c)a decision under section 44 of the Act of 2015 to which section 83 applies.

(d)

(4)In the Protection of Employees (Employers’ Insolvency) Act, 1984, section 6 (which provides for certain amounts to be paid out of the Social Insurance Fund) shall be amended in accordance with subsections (5) and (6).

(5)At the end of subsection (2)(a)(viii)(II) there shall be inserted “or (III) which an employer is required to pay by virtue of a decision, determination or order of a court falling within section 103(3) of the Employment Equality Act, 1998,”.

(6)In subsection (4)(c), after subparagraph (v) there shall be inserted—

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