May an employer pay the compensation it owes in instalments spread over the period the provision sets, and what must it show first?
General information · Not legal advice
Material to check
In a practice file we read the papers showing which compensation is owed and under which of the cross-referenced heads it falls, the employer's material proving capacity to pay, and the recipient's consent to split payment.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading treats split payment as the employer's option, open only where the employer proves that it has the capacity to pay and obtains the consent of the person receiving the compensation, and only for compensation of the kind the provision cross-refers to, paid in instalments spread over the period the provision sets.
Another reading stresses that both conditions must be there together: without proof of capacity to pay, or without the recipient's consent, the provision gives no ground to pay by instalments, and it says nothing about the form that consent must take or what follows if an instalment is missed.
Your judgment
If an instalment is missed, what in the file shows whether the recipient may require the whole remaining compensation at once?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the period, the conditions or the compensation it reaches, or if a decision settles the form the consent must take or the effect of a missed instalment.