Common use of Payments to Employees in the Event of Death or Permanent Disablement Arising from Assault Clause in Contracts

Payments to Employees in the Event of Death or Permanent Disablement Arising from Assault. 7.1 Employing authorities shall make payments in accordance with sub-paragraph (7.2) hereof to any employee or, in the event of death, jointly to the dependants of any employee whose contract of service incorporates this National Agreement as amended from time to time, in the event of death or permanent disablement of the employee arising from a violent or criminal assault suffered by an employee in the course, or as a consequence, of their employment. 7.2 The amounts payable under sub-paragraph (7.1) are as follows: (i) In the event of death within twelve months from the date of the assault and, in the opinion of the employing authority, by reason thereof, where the employee has left one or more dependants, the equivalent of five years’ gross remuneration at the rate applying at the date of the assault or £35,000, whichever is the greater. Where the employee has left no dependants, the sum of £950 shall be payable. (ii) In the event of permanent total or partial disablement as a result of the assault the percentage specified in the scale set out in this Scheme of five times gross remuneration applying at the date of the assault or £35,000, whichever is the greater; provided that such payments shall, at the discretion of the employing authority, be reduced by the amount of any damages, or compensation recoverable in respect of the particular injuries. 7.3 This recommendation is not intended to prevent an employing authority from paying amounts exceeding those specified in sub paragraph (7.2) if it is considered to be reasonable to do so or from providing also for circumstances other than assault if the authority is satisfied that such a provision can lawfully be made.

Payments to Employees in the Event of Death or Permanent Disablement Arising from Assault. 7.1 Employing authorities shall make payments in accordance with sub-sub- paragraph (7.2) hereof to any employee or, in the event of death, jointly to the dependants of any employee whose contract of service incorporates this National Agreement as amended from time to time, in the event of death or permanent disablement of the employee arising from a violent or criminal assault suffered by an employee in the course, or as a consequence, of their employment. 7.2 The amounts payable under sub-paragraph (7.1) are as follows: (i) In the event of death within twelve months from the date of the assault and, in the opinion of the employing authority, by reason thereof, where the employee has left one or more dependants, the equivalent of five years’ years‟ gross remuneration at the rate applying at the date of the assault or £35,000, whichever is the greater. Where the employee has left no dependants, the sum of £950 shall be payable. (ii) In the event of permanent total or partial disablement as a result of the assault the percentage specified in the scale set out in this Scheme of five times gross remuneration applying at the date of the assault or £35,000, whichever is the greater; provided that such payments shall, at the discretion of the employing authority, be reduced by the amount of any damages, or compensation recoverable in respect of the particular injuries. 7.3 This recommendation is not intended to prevent an employing authority from paying amounts exceeding those specified in sub paragraph (7.2) if it is considered to be reasonable to do so or from providing also for circumstances other than assault if the authority is satisfied that such a provision can lawfully be made.