The Unfair Dismissal (Increase of Limits of Basic and Special Awards) Order 1991

Transitional provisions

3.—(1) The increases specified in article 2 shall have effect where the appropriate date falls on or after 1st April 1991.

(2) Notwithstanding the revocation of the 1989 Order, the limits set by or, as the case may be, preserved by articles 2 and 3 of that Order shall continue to have effect as provided by that Order where the appropriate date falls before 1st April 1991.

(3) In this article, “the appropriate date” means –

(a) in the case of a complaint presented under section 67 of the 1978 Act (complaint of unfair dismissal), the effective date of termination;

(b) in the case of a complaint presented under section 4 of the Employment Act 1980(1) (complaint of unreasonable exclusion or expulsion from a trade union), the date of the refusal of the application for, or of the expulsion from, membership, as the case may be;

(c) in the case of a complaint presented under section 4 of the Employment Act 1988(2) (complaint of unjustifiable discipline by a trade union), the date of the determination which the individual claims constituted an infringement of his right;

and “effective date of termination” has the same meaning as in section 55(4) of the 1978 Act except in a case in which section 55(5) or (6) of that Act(3) would have effect so as to treat a later date as the effective date of termination, in which case that later date shall be the effective date for the purposes of this article.

(1)

1980 c. 42.

(2)

1988 c. 19.

(3)

Section 55(5) was amended, and section 55(6) inserted, by section 21(2) of and paragraph 1 of Schedule 3 to the Employment Act 1982.