The Unfair Dismissal (Increase of Compensation Limit) Order 1993

Made: 25th May 1993

Coming into force: 1st June 1993

Now, therefore, the Secretary of State, in exercise of the powers conferred on her by sections 75(2), 154(3) and 154(4) of the 1978 Act and all other powers enabling her in that behalf, hereby makes the following Order:—

Citation, commencement and revocation

1

• (1) This Order may be cited as the Unfair Dismissal (Increase of Compensation Limit) Order 1993 and shall come into force on 1st June 1993.

• (2) Subject to article 3(2), the Unfair Dismissal (Increase of Compensation Limit) Order 1991[^f00002] (“the 1991 Order”) is revoked.

Increase of limits

2

Subject to article 3, the limit of compensation specified in section 75(1) of the 1978 Act is increased to £11,000.

Transitional provisions

3

• (1) The increase specified in article 2 shall have effect where the appropriate date falls on or after the date this Order comes into force.

• (2) Notwithstanding the revocation of the 1991 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 the date this Order comes into force.

• (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 174 of the Trade Union and Labour Relations (Consolidation) Act 1992[^f00003] (“the 1992 Act”) (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 66 of the 1992 Act (complaint of unjustifiable discipline by a trade union), the date of determination which the individual claims constituted an infringement of his right;

• (d) in the case of a complaint presented under section 63 of the Sex Discrimination Act 1975[^f00004] or under section 54 of the Race Relations Act 1976[^f00004], the date on which the act complained of was done;

• (e) in the case of a complaint presented under section 137(2) (refusal of employment on the grounds related to union membership) or section 138(2) (refusal of service of employment agency on grounds related to union membership) of the 1992 Act, the date of the conduct, (as determined by section 139 of the 1992 Act) 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 Act[^f00005] 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

Signed by order of the Secretary of State

Viscount Ullswater — Parliamentary Under Secretary of State — Department of Employment — 25th May 1993

Explanatory note

(This note is not part of the Order)

This Order, which comes into force on 1st June 1993 increases from £10,000 to £11,000 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:—

• (i) under section 65 of the Sex Discrimination Act 1975 in respect of a complaint under section 63 of that Act;

• (ii) under section 56 of the Race Relations Act 1976 in respect of a complaint under section 54 of that Act;

• (iii) under section 176 of the Trade Union and Labour Relations (Consolidation) Act 1992 (“the 1992 Act”) in respect of a complaint under section 174 of that Act (unreasonable exclusion or expulsion from a trade union);

• (iv) under section 67 of the 1992 Act in respect of a complaint under section 66 of that Act (complaint of unjustifiable discipline by a trade union) and

• (v) under section 140 of the 1992 Act in respect of a complaint under section 137 or 138 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.

Footnotes

[^f00001]: 1978 c. 44.

[^f00002]: S.I. 1991/466; this Order last increased the limit in section 75(1) of the 1978 Act. Previous Orders increasing the limit in that section were S.I. 1978/1778, 1979/1723, 1982/76, 1868, 1984/2020, 1986/2284 and 1989/527.

[^f00003]: 1992 c. 52.

[^f00004]: 1975 c. 65.

[^f00005]: 1976 c. 74.