Part III Rights in relation to union membership and activities

Dismissal

157 Special award of compensation.

1

Where an industrial tribunal makes an award of compensation for unfair dismissal in a case where the dismissal is unfair by virtue of section 152(1) or 153, then, unless—

a

the complaint does not request the tribunal to make an order for reinstatement or re-engagement, or

b

the case falls within section 73(2) of the Employment Protection (Consolidation) Act 1978 (cases where employer takes requisite steps to renew employment or re-engage employee),

the award shall include a special award calculated in accordance with section 158.

2

Section 71(2)(b) of the Employment Protection (Consolidation) Act 1978 (additional award of compensation in case of failure to comply with an order for reinstatement or re-engagement) does not apply in a case where the dismissal is unfair by virtue of section 152(1) or 153.