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The Employment Rights (Northern Ireland) Order 1996
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Changes over time for: Section 158
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
- 10/02/2013- Amendment
- 16/02/2014- Amendment
- 06/04/2014- Amendment
- 22/03/2015- Amendment
- 14/02/2016- Amendment
- 06/04/2018- Amendment
- 06/04/2019- Amendment
- 06/04/2020- Amendment
- 06/04/2021- Amendment
- 06/04/2022- Amendment
- 06/04/2023- Amendment
- 06/04/2024- Amendment
Changes to legislation:
The Employment Rights (Northern Ireland) Order 1996, Section 158 is up to date with all changes known to be in force on or before 22 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Article 158:
- art.126-169 (Pt.1) (defn. of dismissal) applied by 1998 c. 39 s.23(4) (This amendment not applied to legislation.gov.uk. Pre-2006 basedate NI non-textual amendment)
- arts.157 158(1) applied by 1998 c. 39 s.24(4)(b) (This amendment not applied to legislation.gov.uk. Pre-2006 basedate NI non-textual amendment)
- art. 158(1A) word inserted by 2020 c. 7 Sch. 7 para. 28
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Pt. 7A inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 1
- Ch. 5 inserted by 2022 c. 27 (N.I.) s. 1(1)
- art. 21(4B) inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 2
- art. 23(1)(zza) inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 3
- art. 70F inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 4
- art. 70G inserted by 2020 c. 7 Sch. 7 para. 20
- art. 71(1C) inserted by 2020 c. 7 Sch. 7 para. 21(a)
- art. 72(8) inserted by 2020 c. 7 Sch. 7 para. 22(b)
- art. 85ZS(3)(a)-(c) substituted for words by 2022 c. 18 (N.I.) Sch. 3 para. 47(4)
- art. 95F(5A) inserted by 2016 c. 15 (N.I.) Sch. 2 para. 32
- art. 135E inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 6
- art. 135G inserted by 2020 c. 7 Sch. 7 para. 25
- art. 137(6D) inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 7
- art. 137(7N) inserted by 2020 c. 7 Sch. 7 para. 26(b)
- art. 140(3)(fj) inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 8
- art. 140(3)(fl) inserted by 2020 c. 7 Sch. 7 para. 27
- art. 143(2)(ddd) inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 9
- art. 144(2)(ddd) inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 10
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£115,341].
[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 (6.4.2024) by The Employment Rights (Increase of Limits) Order (Northern Ireland) 2024 (S.R. 2024/86), arts. 1(1), 3, 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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