The Public Interest Disclosure (Compensation) Regulations 1999

Compensation

3.  Sections 117 to 127A(1) of the 1996 Act shall apply to compensation awarded, or a compensatory award made, to a person in a case where he is regarded as unfairly dismissed by virtue of section 103A(2) or 105(6A)(3) of the 1996 Act, with the following modifications–

(a) as if, after section 124(1), there was inserted the following subsection–

“(1A) Subsection (1) shall not apply to compensation awarded, or a compensatory award made, to a person in a case where he is regarded as unfairly dismissed by virtue of section 103A or 105(6A).”; and

(b) as if, in section 117(6)(4)–

(i) after paragraph (b), the word “and” was omitted; and

(ii) after paragraph (c), there was inserted

“and

(d) a dismissal where 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 that specified in section 103A.”.

(1)

Section 117 of the 1996 Act was amended by the Employment Rights (Dispute Resolution) Act 1998 (c. 8), sections 1(2)(a) and 14(1), Schedule 1, paragraph 20 and Schedule 2; and by S.I. 1998/1833, regulation 32(5); and is to be amended by the Public Interest Disclosure Act 1998 (c. 23), section 8(2). Section 118 of the 1996 Act was amended by the Employment Rights (Dispute Resolution) Act 1998 (c. 8), Schedule 1, paragraphs 21(2) and 21(3); and by S.I. 1998/1833, regulation 32(5); and is to be amended by the Public Interest Disclosure Act 1998 (c. 23), section 8(3). Section 120 of the 1996 Act was amended by S.I. 1998/924, article 3 and the Schedule; and by S.I. 1998/1833, regulation 32(5). Section 122 of the 1996 Act was amended by the Employment Rights (Dispute Resolution) Act 1998 (c. 8), Schedule 1, paragraph 22; and by S.I. 1998/1833, regulation 32(5). Section 123 of the 1996 Act was amended by the Employment Rights (Dispute Resolution) Act 1998 (c. 8), Schedule 1, paragraph 23. Section 124 of the 1996 Act was amended by the Employment Rights (Dispute Resolution) Act 1998 (c. 8), section 1(2)(a); and by S.I. 1998/924, article 3 and the Schedule. Section 125 of the 1996 Act was amended by S.I. 1998/924, article 3 and the Schedule. Section 126 of the 1996 Act was amended by the Employment Rights (Dispute Resolution) Act 1998 (c. 8), sections 1(2)(a), 14(3), 14(4)(a) and 14(4)(b) and Schedule 2. Section 127A of the 1996 Act was inserted by the Employment Rights (Dispute Resolution) Act 1998 (c. 8), section 13.

(2)

Section 103A of the 1996 Act is to be inserted by the Public Interest Disclosure Act 1998 (c. 23), section 5.

(3)

Section 105(6A) of the 1996 Act is to be inserted by the Public Interest Disclosure Act 1998 (c. 23), section 6.

(4)

Paragraph (c) of subsection (6) of section 117 of the 1996 Act was inserted by the Employment Rights (Dispute Resolution) Act 1998 (c. 8), section 14(1).