Employment Equality Act 1998

Provisions relating to insolvency.

103

103. (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 F189 [ 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 F189 [ 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) F190 [ ]

( b) a decision F191 [ ] under section 79(6) (including that provision as applied by section 85(2) ),

F189 [ (c) a decision under section 44 of the Act of 2015 to which section 83 applies. ]

( d) F190 [ ]

(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—

“(vi) A payment shall not be made under this section in respect of an amount to which a decision or determination under any provision of the Employment Equality Act, 1998, applies unless—

(I) in case an appeal from the decision or determination is brought under that Part, the appeal is withdrawn, or

(II) in case there is no such appeal, the time for bringing such an appeal has expired.”.

Annotations:

Amendments:

F189

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 83(1)(n)(i), (ii) and (iv), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).

F190

Deleted (1.10.2015) by Workplace Relations Act 2015 (15/2015), s. 83(1)(n)(iii), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).

F191

Deleted (18.07.2004) by Equality Act 2004 (24/2004), s. 46 and sch. para. 33(a) and (b), commenced on enactment.

Modifications (not altering text):

C55

Application of section extended with modifications by Pensions Act 1990 (25/1990), s. 81J and sch. 4, as inserted (5.04.2004) by Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004), s. 22, S.I. No. 141 of 2004, as amended (18.07.2004) by Equality Act 2004 24/2004), s. 66(3)(e), commenced on enactment.

Application of Employment Equality Act 1998.

81J.—(1) In this section ‘the Act of 1998’ means the Employment Equality Act 1998.

(2) Sections 74, [76, 77A], 78 to 81, 83 to 85 and 86 to 104 of the Act of 1998 shall, where appropriate, apply in relation to this Part as they apply in relation to that Act but with the following modifications.

(3) Those modifications are that for the words set out in column (3) of the Fourth Schedule at a particular reference number, being words appearing in a section or sections of the Act of 1998 specified in column (2) of that Schedule at that reference number, there shall be substituted in the place or, as the case may be, each place where those words occur in that section or sections the words set out in column (4) of that Schedule at that reference number.

Editorial Notes:

E67

Previous affecting provision: subs. (3)(d) amended (18.07.2004) by Equality Act 2004 (24/2004), s. 46 and sch. para. 33(b), commenced on enactment; substituted as per F-note above.