Member

78: Clause 26, page 46, line 36, leave out from “affect” to end of line 38 and insert “— (i) the employer’s ability to carry on the business as a going concern, or(ii) where the employer is a public sector employer, the financial sustainability of carrying out the employer’s statutory functions,”Member’s explanatory statement The effect of this amendment is that, for the purposes of the exception to new section 104I(1) of the Employment Rights Act 1996, a public sector employer (other than a local authority) may rely on financial difficulties that are affecting, or likely in the immediate future to affect, the financial sustainability of carrying out the employer’s statutory functions.