The ACAS Arbitration Scheme (England and Wales) Order 2001

The compensatory amount

136.  The loss referred to in paragraph 135 above shall be taken to include:

(i) any expenses reasonably incurred by the Employee in consequence of the dismissal, and

(ii) (subject to (iii) below) loss of any benefit which he or she might reasonably be expected to have had but for the dismissal.

(iii) in respect of any loss of:

• any entitlement or potential entitlement to a payment on account of dismissal by reason of redundancy (whether in pursuance of Part XI of the Employment Rights Act 1996, as amended from time to time, or otherwise) or

• any expectation of such a payment

only the loss referable to the amount (if any) by which such a payment would have exceeded the basic amount in respect of the same dismissal (as calculated under the provisions set out above—but excluding any reductions under paragraphs 130-134 above (“Reductions to the basic amount”)).