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Part XE+W+S Unfair dismissal

Modifications etc. (not altering text)

C1Ss. 66-68, 70-71, 92-93, Pt. 10 (ss. 94-134) modified (E.W.) (2.3.1998) by S.I. 1998/218, art. 3, Sch.

Pt. 10 (ss. 94-134) applied (with modifications) (E.W.) by S.I. 1998/218, art. 4(b)

Pt. 10 (ss. 94-134) modified (1.1.1999) by 1998 Measure No. 1, s. 6(1), Sch. 3 para. 3(1)(2); Instrument dated 14.10.1998 made by the Archbishops of Canterbury and York

Pt. 10 (ss. 94-134) modified (6.6.2000) by 1992 c. 52, s. 70A, Sch. A1 para. 161(1), 162 (as inserted (6.6.2000) by 1999 c. 26, s. 1, Sch. 1; S.I. 2000/1338, art. 2(a))

Pt. 10 (ss. 94-134) modified (4.9.2000) by 1999 c. 26, ss. 12(3)(6), (with ss. 14, 15); S.I. 2000/2242, art. 2(1)

Pt. 10 (ss. 94-134) modified (24.4.2000) by 1992 c. 52, s. 238A(2) (as inserted (24.4.2000) by 1999 c. 26, ss. 16, Sch. 5 para. 3; S.I. 2000/875, art. 2 (with transitional provision in art. 3))

Pt. 10 (ss. 94-134) modified (E.W.) (1.9.1999) by S.I. 1999/2256, arts. 3, 4(b), Sch.

C2Pt. 10 (ss. 94-134) applied for certain purposes (14.8.2000) by S.I. 2000/1828, art. 2

Pt. 10 (ss. 94-134) applied (E.W.) (21.5.2001) by S.I. 2001/1185, arts. 2, 3, Sch. para. 95

C5Pt. 10 modified (6.4.2006 with application in accordance with reg. 21(1) of the amending S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), regs. 1(2), 7

Chapter IIE+W+S Remedies for unfair dismissal

Modifications etc. (not altering text)

Orders for reinstatement or re-engagementE+W+S

117 Enforcement of order and compensation.E+W+S

(1)An [F1employment tribunal] shall make an award of compensation, to be paid by the employer to the employee, if—

(a)an order under section 113 is made and the complainant is reinstated or re-engaged, but

(b)the terms of the order are not fully complied with.

(2)Subject to section 124 [F2and to regulations under section 127B], the amount of the compensation shall be such as the tribunal thinks fit having regard to the loss sustained by the complainant in consequence of the failure to comply fully with the terms of the order.

(3)Subject to subsections (1) and (2) [F3and to regulations under section 127B], if an order under section 113 is made but the complainant is not reinstated or re-engaged in accordance with the order, the tribunal shall make—

(a)an award of compensation for unfair dismissal (calculated in accordance with sections 118 to [F4127A]), and

(b)except where this paragraph does not apply, an additional award of compensation of the appropriate amount,

to be paid by the employer to the employee.

(4)Subsection (3)(b) does not apply where—

(a)the employer satisfies the tribunal that it was not practicable to comply with the order, or

(b)the reason (or, if more than one, the principal reason)—

(i)in a redundancy case, for selecting the employee for dismissal, or

(ii)otherwise, for the dismissal,

is one of those specified in section 100(1)(a) and (b), [F5101A(d),] 102(1) or 103.

(5)In subsection (3)(b) “the appropriate amount” means—

(a)where the dismissal is of a description referred to in subsection (6), not less than twenty-six nor more than fifty-two weeks’ pay, and

(b)in any other case, not less than thirteen nor more than twenty-six weeks’ pay.

(6)The descriptions of dismissal in respect of which an employer may incur a higher additional award in accordance with subsection (5)(a) are—

(a)a dismissal which is an act of discrimination within the meaning of the M1Sex Discrimination Act 1975 which is unlawful by virtue of that Act, F6. . .

(b)a dismissal which is an act of discrimination within the meaning of the M2Race Relations Act 1976 which is unlawful by virtue of that Act [F7and

F7(c)a dismissal which is an act of discrimination within the meaning of the M3Disability Discrimination Act 1995 which is unlawful by virtue of that Act.]

(7)Where in any case an employer has engaged a permanent replacement for a dismissed employee, the tribunal shall not take that fact into account in determining for the purposes of subsection (4)(a) whether it was practicable to comply with the order for reinstatement or re-engagement unless the employer shows that it was not practicable for him to arrange for the dismissed employee’s work to be done without engaging a permanent replacement.

(8)Where in any case an [F7employment tribunal] finds that the complainant has unreasonably prevented an order under section 113 from being complied with, in making an award of compensation for unfair dismissal F8. . . it shall take that conduct into account as a failure on the part of the complainant to mitigate his loss.

Textual Amendments

F1Words in s. 117(1)(8) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F2Words in s. 117(2) inserted (2.7.1998 for specified purposes and otherwise 2.7.1999) by 1998 c. 23, s. 8(2)(a); S.I. 1999/1547, art. 2

F3Words in s. 117(3) inserted (2.7.1998 for specified purposes and otherwise 2.7.1999) by 1998 c. 23, s. 8(2)(b); S.I. 1999/1547, art. 2

F4Words in s. 117(3)(a) substituted (1.1.1999) by 1998 c. 8, s. 15, Sch. 1 para. 20; S.I. 1998/1658, art. 2(3), Sch. 3 (with art. 3(6))

F5Words in s. 117(4)(b) inserted (1.10.1998) by S.I. 1998/1658, reg. 32(5)

F6Word in s. 117(6)(a) repealed (1.8.1998) by 1998 c. 8, s. 15, Sch. 2; S.I. 1998/1658, art. 2(1), Sch. 1 (with art. 3(7))

F7S. 117(6)(c) and preceding word “and” inserted (1.8.1998) by 1998 c. 8, s. 14(1); S.I. 1998/1658, art. 2(1), Sch. 1 (with art. 3(7))

F8Words in s. 117(8) repealed (1.8.1998) by 1998 c. 8, s. 15, Sch. 2; S.I. 1998/1658, art. 2(1), Sch. 1

Modifications etc. (not altering text)

C16S. 117: power to modify conferred (1.8.1998) by 1992 c. 52, s. 212A(8)(a) (as inserted (1.8.1998) by 1998 c. 8, s. 7; S.I. 1998/1658, art. 2(1), Sch. 1)

S. 117-127A applied (with modifications) (2.7.1999) by S.I. 1999/1548, reg. 3

Marginal Citations