Employment Rights Act 1996 s.124A – Adjustments under the Employment Act 2002

Where an award of compensation for unfair dismissal falls to be—

(a)reduced or increased under [^F825 section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 (effect of failure to comply with Code: adjustment of awards)^F825] , or

(b)increased under section 38 of that Act (failure to give statement of employment particulars),

the adjustment shall be in the amount awarded under section 118(1)(b) and shall be applied immediately before any reduction under section 123(6) or (7).^F824]

Cases considering section 124A 3

Cartwright v Kings College London

[2012] UKEAT 565_11_3004 · 30 April 2012

The court held that section 124A(1) did not affect the award because the uplift had been applied to the compensatory award and no section 123(7) reduction arose. (see para [48])

West Hertfordshire Hospitals NHS Trust v. Evans

[2010] UKEAT 0398_09_1908 · 19 August 2010

Confirms that an adjustment for non-completion of the statutory procedure is made to the compensatory award. The substituted 10% uplift was applied to any compensatory award made on remission. (see [Ground 2, Discussion]; [Conclusion])

1 more judgment, and what each says about section 124A, are in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

F824S. 124A inserted (1.10.2004) by Employment Act 2002 (c. 22), ss. 39, 55(2); S.I. 2004/1717, art. 2(2) (subject to art. 3)
F825Words in s. 124A substituted (6.4.2009) by Employment Act 2008 (c. 24), ss. 3(4), 22(1)(a); S.I. 2008/3232, art. 2 (with Sch. paras. 1, 5)