Statutory Instruments
2013 No. 1949
Terms And Conditions Of Employment
The Unfair Dismissal (Variation of the Limit of Compensatory Award) Order 2013
Made
28th July 2013
Coming into force
29th July 2013
A draft of this Order was laid before Parliament in accordance with section 15(8) of the Enterprise and Regulatory Reform Act 2013( 1 ) and approved by a resolution of each House of Parliament.
The Secretary of State, in exercise of the powers conferred by section 15 of the Enterprise and Regulatory Reform Act 2013, makes the following Order:
Citation and commencement
1. This Order may be cited as the Unfair Dismissal (Variation of the Limit of Compensatory Award) Order 2013 and comes into force on the day after the date on which it is made.
Limit of compensatory award for unfair dismissal claim
2. —(1)Section 124 of the Employment Rights Act 1996( 2 ) is amended as follows.
(2) In subsection (1) for “£74,200” substitute “the amount specified in subsection (1ZA)”.
(3) After subsection (1) insert—
“ (1ZA) The amount specified in this subsection is the lower of—
(a) £74,200, and
(b) 52 multiplied by a week’s pay ( 3 ) of the person concerned. ” .
Consequential amendment
3. In section 226(3) of the Employment Rights Act 1996( 4 ) for “or 121” substitute “, 121 or 124”.
Transitional provision
4. —(1) Articles 2 and 3 do not have effect in any case where the effective date of termination is on or before the date on which this Order is made.
(2) In this article “effective date of termination” has the meaning given by section 97 of the Employment Rights Act 1996( 5 ).
Jo Swinson
Parliamentary Under Secretary of State for Business, Innovation and Skills
Department for Business, Innovation and Skills
28th July 2013
1996 c. 18 . Section 124(1) was amended by S.I. 2012/3007 and section 124(1A) was inserted by the Employment Relations Act 1999 (c.26) , section 37(1).
For these purposes a week’s pay falls to be calculated in accordance with Chapter 2 of Part 14 of the Employment Rights Act 1996 (c.18) .
Section 226(3) was amended by the Employment Act 2002 (c. 22) , Schedule 7, paragraphs 24 and 46, and by the Employment Relations Act 1999 (c. 26) , section 44 and Schedule 9.
1996 c.18 . Section 97 was amended by S.I. 2002/2034 and by the Employment Relations Act 1999, section 44 and Schedule 9.