The Employment Rights (Northern Ireland) Order 1996

Enforcement of order and compensation N.I.

151 .F1 —(1) An industrial tribunal shall make an award of compensation, to be paid by the employer to the employee, if—

(a) an order under Article 147 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 Article 158F2 . . . , 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.

[F3 (2A) There shall be deducted from any award under paragraph (1) the amount of any award made under Article 146(5) at the time of the order under Article 147.]

(3) Subject to paragraphs (1) and (2)F2 . . . , if an order under Article 147 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 Articles 152 to[F4 161]), and

(b) except where this sub-paragraph does not apply, an additional award of compensation of[F2 an amount not less than twenty‐six nor more than fifty‐two weeks pay] ,

to be paid by the employer to the employee.

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

(a) the employer satisfies the tribunal that it was not practicable to comply with the order,F2 . . .

Sub‐para. (b) rep. by 1999 NI 9

Paras. (5), (6) rep. by 1999 NI 9

(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 paragraph (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 industrial tribunal finds that the complainant has unreasonably prevented an order under Article 147 from being complied with, in making an award of compensation for unfair dismissalF5 . . . it shall take that conduct into account as a failure on the part of the complainant to mitigate his loss.

F1 mod. by SR 2002/120

F2 1999 NI 9

F3 2003 NI 15

F4 2003 NI 15

F5 1998 NI 8