The Employment Rights Act 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order 2021 No. 618

Amendment of Section 49

5.  In Section 49 (remedies)—

(a) in subsection (1), after “section 48(1),” insert “(1XA),”;

(b) in subsection (2), after “Subject to subsections” insert “(5ZA),”;

(c) after subsection (5) insert—

“(5ZA) Where—

(a) the complaint is made under section 48(1XA),

(b) the detriment to which the worker is subjected is the termination of his or her contract, and

(c) that contract is not a contract of employment,

any compensation must not exceed the compensation that would be payable under Chapter II of Part X if the worker had been an employee and had been dismissed for the reason specified in section 100.”.