Part V U.K. Unfair Dismissal

Modifications etc. (not altering text)

C1 Pt. V modified by S.I. 1981/1794, regs. 8(1)(4), 13

Pt. V (ss. 54-80) modified (3.4.1995) by 1994 c. 19, s. 44(1)(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 7, Sch. 3

Pt. V modified (E.W.) (ss. 54-80) (26.8.1994) by 1994 c. 20, s. 4, Sch. 4 para. 7(1)(3); S.I. 1994/1841, art. 2

Pt. V modified (ss. 54-80) (prosp.) by 1995 c. 26, ss. 46(5)(6), 180(1) (which c. 46 was repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202))

C2 Pt. V (ss. 54–80) modified by S.I. 1989/901, arts. 3, 4(b), Sch.

C3 Pt. V (ss. 54-80) modified (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss.152(1),153, 302.

Pt. V (ss. 54-80) excluded (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 167(1), 302.

Pt. V: by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 167(1)(2)(3), 302 it is provided (16.10.1992) that Pt. V of this Act shall have effect subject to the provisions of ss. 152-166 of that 1992 Act and that those sections shall be construed as one with this Part.

Amount of compensation E+W+S

[F1 72 Compensation for unfair dismissal. E+W+S

[F2 (1)] Where a tribunal makes an award of compensation for unfair dismissal under section 68(2) or 71(2)(a) the award shall consist of—

(a) a basic award calculated in accordance with section 73, and

(b) a compensatory award calculated in accordance with section 74.

[F2 (2) Where the reason (or, if more than one, the principal reason) for the dismissal or, in a redundancy case, for selecting the employee for dismissal, was an inadmissible reason, then, unless—

(a) the complainant does not request the tribunal to make an order under section 69, or

(b) the case falls within section 73(2),

the award shall include a special award calculated in accordance with section 75A.

(3) For the purposes of subsection (2) a reason is “inadmissible” if it is one of those specified in section 57A(1)(a) and (b).]]

Textual Amendments

F1 S. 72 substituted (16.10.1992) by virtue of Trade Union and Labour Relations (Consolidation) Act 1992 (c.52), ss. 300(2), 302, Sch. 2 para. 16.

F2 S. 72(2)(3) inserted and preceding words renumbered as s. 72(1) by 1993 c. 19, s. 28, Sch. 5 para.7; S.I. 1993/1908, art. 2(1), Sch.1