Employment Protection (Consolidation) Act 1978

[F172 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

F2S. 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