The Unfair Dismissal (Increase of Compensation Limit) Order 1991
Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 75(2), 154(3) and 154(4) of the 1978 Act and of all other powers enabling him in that behalf, hereby makes the following Order:—
Citation, commencement and interpretation1.
(1)
This Order may be cited as the Unfair Dismissal (Increase of Compensation Limit) Order 1991 and shall come into force on 1st April 1991.
(2)
Increase of limits2.
Subject to article 3, the limit of compensation specified in section 75(1) of the 1978 Act is increased to £10,000.
Transitional provisions3.
(1)
The increase specified in article 2 shall have effect where the appropriate date falls on or after 1st April 1991.
(2)
Notwithstanding the revocation of the 1989 Order, the limits set by or, as the case may be, preserved by articles 2 and 3 of that Order shall continue to have effect as provided by that Order where the appropriate date falls before 1st April 1991.
(3)
In this article, “the appropriate date” means—
(a)
in the case of a complaint presented under section 67 of the 1978 Act (complaint of unfair dismissal), the effective date of termination;
(b)
(c)
(d)
(e)
Signed by order of the Secretary of State.
This Order, which comes into force on 1st April 1991, increases from £8,925 to £10,000 the limit on the amount of compensation which can be awarded by an industrial tribunal in claims for unfair dismissal as the compensatory award or as compensation for failure fully to comply with the terms of an order for reinstatement or re-engagement. The increase also affects the maximum amount of compensation that shall be awarded by a tribunal:—
under section 65 of the Sex Discrimination Act 1975 in respect of a complaint under section 63 of that Act;
under section 56 of the Race Relations Act 1976 in respect of a complaint under section 54 of that Act;
under section 5 of the Employment Act 1980 in respect of a complaint under section 4 of that Act (unreasonable exclusion or expulsion from a trade union);
under section 5 of the Employment Act 1988 in respect of a complaint under section 4 of that Act (unjustifiable discipline by a trade union); and
under Schedule 1 to the Employment Act 1990 in respect of complaints under sections 1 and 2 of that Act (refusal of employment on grounds related to union membership and refusal of service of employment agency on grounds related to union membership).
The Order contains transitional provisions.