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The Employment Rights (Northern Ireland) Order 1996
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Changes over time for: Section 158
Version Superseded: 06/04/2022
Alternative versions:
- 01/01/2006- Amendment
- 26/03/2006- Amendment
- 04/02/2007- Amendment
- 02/03/2008- Amendment
- 15/02/2009- Amendment
- 07/03/2010- Amendment
- 13/02/2011- Amendment
- 04/03/2012- Amendment
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- 06/04/2020- Amendment
- 06/04/2021- Amendment
- 31/05/2021
Point in time - 06/04/2022- Amendment
- 06/04/2023- Amendment
- 06/04/2024- Amendment
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Limit of compensatory award etc.N.I.
158.—(1) The amount of—
(a)any compensation awarded to a person under Article 151(1) and (2), or
(b)a compensatory award to a person calculated in accordance with Article 157,
shall not exceed [F1£89,669].
[F2(1A) Paragraph (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 Article 132, 134A, [F3135F,] 137(3) or 137(5A).]
[F4(1B) Where an employee is regarded as unfairly dismissed by virtue of Article 135F (blacklists) (whether or not the dismissal is unfair or regarded as unfair for any other reason), the amount of award of compensation shall not exceed £76,600.]
Para. (2) rep. by 1999 NI 9
(3) In the case of compensation awarded to a person under Article 151(1) and (2), the limit imposed by this Article may be exceeded to the extent necessary to enable the award fully to reflect the amount specified as payable under Article 148(2)(a) or Article 149(2)(d).
(4) Where—
(a)a compensatory award is an award under sub-paragraph (a) of paragraph (3) of Article 151, and
(b)an additional award falls to be made under sub-paragraph (b) of that paragraph,
the limit imposed by this Article on the compensatory award may be exceeded to the extent necessary to enable the aggregate of the compensatory and additional awards fully to reflect the amount specified as payable under Article 148(2)(a) or Article 149(2)(d).
(5) The limit imposed by this Article applies to the amount which the industrial tribunal would, apart from this Article, award in respect of the subject matter of the complaint after taking into account—
(a)any payment made by the respondent to the complainant in respect of that matter, and
(b)any reduction in the amount of the award required by any statutory provision or rule of law.
F1Sum in art. 158(1) substituted (6.4.2021) by The Employment Rights (Increase of Limits) Order (Northern Ireland) 2021 (S.R. 2021/73), art. 1(1), Sch. (with art. 4)
F3Word in art. 158(1A) inserted (6.4.2014) by The Employment Relations (Northern Ireland) Order 1999 (Blacklists) Regulations (Northern Ireland) 2014 (S.R. 2014/88), regs. 1, 12(8)(a)
F4Art. 158(1B) inserted (6.4.2014) by The Employment Relations (Northern Ireland) Order 1999 (Blacklists) Regulations (Northern Ireland) 2014 (S.R. 2014/88), regs. 1, 12(8)(b)
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