ABSTRACT
Before a payment will be made out of the Fund, the Department of Employment must be satisfied of the following four elements:
(i) The debt claimed is within the categories specified by s 184 of the Employment Rights Act 1996. These are, broadly: remuneration13 due during the eight weeks prior to the commencement of the insolvency; notice moneys for the statutory periods of notice;14 holiday pay; and unfair dismissal basic awards. The calculation of the gross amount15 of any periodic payment guaranteed by the Fund is subject to a statutory maximum currently16 set at £260 per week. If the employee owes money to the employer, the set-off provisions will apply.17
