1991 No. 466
The Unfair Dismissal (Increase of Compensation Limit) Order 1991
Made
Coming into force
Whereas a draft of the following Order was laid before Parliament in accordance with section 75(2) of the Employment Protection (Consolidation) Act 19781 (“the 1978 Act”) and approved by resolution of each House of Parliament:
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
Subject to article 3(2), the Unfair Dismissal (Increase of Compensation Limit) Order 19892 (“the 1989 Order”) is revoked.
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
in the case of a complaint presented under section 4 of the Employment Act 19803 (complaint of unreasonable exclusion or expulsion from a trade union), the date of the refusal of the application for, or of the expulsion from, membership, as the case may be;
c
in the case of a complaint presented under section 4 of the Employment Act 19884 (complaint of unjustifiable discipline by a trade union), the date of the determination which the individual claims constituted an infringement of his right;
d
e
in the case of a complaint presented under section 1(2) or section 2(2) of the Employment Act 19907, (refusal of employment on grounds related to union membership and refusal of service of employment agency on grounds related to union membership) the date of the conduct, (as determined by paragraph 3 of Schedule 1 to the Employment Act 1990) to which the complaint relates;
and “effective date of termination” has the same meaning as in section 55(4) of the 1978 Act except in a case in which section 55(5) or (6) of that Act8 would have effect so as to treat a later date as the effective date of termination, in which case that later date shall be the effective date for the purposes of this article.
Signed by order of the Secretary of State.
(This note is not part of the Order)