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Employment Rights Act 1996, Section 120 is up to date with all changes known to be in force on or before 07 September 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.
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(1)The amount of the basic award (before any reduction under section 122) shall not be less than [F1£4,200] where the reason (or, if more than one, the principal reason)—
(a)in a redundancy case, for selecting the employee for dismissal, or
(b)otherwise, for the dismissal,
is one of those specified in section 100(1)(a) and (b), [F2101A(d),] 102(1) or 103.
[F3(1A)Where—
(a)an employee is regarded as unfairly dismissed by virtue of section [F498ZG or] 98A(1) (whether or not his dismissal is unfair or regarded as unfair for any other reason),
(b)an award of compensation falls to be made under section 112(4), and
(c)the amount of the award under section 118(1)(a), before any reduction under section 122(3A) or (4), is less than the amount of four weeks’ pay,
the employment tribunal shall, subject to subsection (1B), increase the award under section 118(1)(a) to the amount of four weeks’ pay.
(1B)An employment tribunal shall not be required by subsection (1A) to increase the amount of an award if it considers that the increase would result in injustice to the employer.]
F5(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 120(1) substituted (1.2.2007 with effect in accordance with art. 4 of the amending S.I.) by The Employment Rights (Increase of Limits) Order 2006 (S.I. 2006/2045), arts. 1(1), 3, Sch.
F2Words in s. 120(1) substituted (1.10.1998) by S.I. 1998/1833, reg. 32(5)
F3S. 120(1A)-(1B) inserted (1.10.2004) by Employment Act 2002 (c. 22), ss. 34(6), 55(2); S.I. 2004/1717, art. {2(2)} (subject to art. 3)
F4Words in s. 120(1A) inserted (1.10.2006) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), regs. 1(1), 49(1), Sch. 8 para. 28(2) (with regs. 44-46)
F5S. 120(2) repealed (17.12.1999) by 1999 c. 26, ss. 36(1)(a)(3), 44, Sch. 9(10); S.I. 1999/3374, art. 2(b)(c), Sch.
Modifications etc. (not altering text)
C1S. 117-127A applied (with modifications) (2.7.1999) by S.I. 1999/1548, reg. 3
C2S. 120(1): power to amend conferred (17.12.1999) by 1999 c. 26, s. 34(1)(b); S.I. 1999/3374, art. 2(b)
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