Section 187 — Employment Rights Act 1996: Role of relevant officer.

Role of relevant officer. 187 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 ),

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.