LegalizeThe Employment Rights (Increase of Limits) Order 2023
Made: 10th March 2023
Laid before Parliament: 15th March 2023
Coming into force: 6th April 2023
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Citation, commencement, extent and interpretation
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Revocation
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Increase of limits
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transitional provisions
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE
| Column 1 | Column 1 | Column 2 | Column 3 | Column 4 |
|---|---|---|---|---|
| Relevant statutory provision | Relevant statutory provision | Subject of provision | Old limit | New limit |
| 1 | Section 145E(3) of the 1992 Act | Amount of award for unlawful inducement relating to trade union membership or activities or for unlawful inducement relating to collective bargaining. | £4,554 | £5,128 |
| 2 | Section 156(1) of the 1992 Act[^f00022] | Minimum amount of basic award of compensation where dismissal is unfair by virtue of section 152(1) or 153 of the 1992 Act. | £6,959 | £7,836 |
| 3 | Section 176(6A) of the 1992 Act[^f00023] | Minimum amount of compensation where individual excluded or expelled from union in contravention of section 174 of the 1992 Act and not admitted or re-admitted by date of tribunal application. | £10,628 | £11,967 |
| 4 | Section 31(1) of the 1996 Act | Limit on amount of guarantee payment payable to an employee in respect of any day. | £31 | £35 |
| 5 | Section 120(1) of the 1996 Act[^f00024] | Minimum amount of basic award of compensation where dismissal is unfair by virtue of section 100(1)(a) or (b), 101A(d), 102(1) or 103 of the 1996 Act. | £6,959 | £7,836 |
| 6 | Section 124(1ZA)(a) of the 1996 Act[^f00025] | Limit on amount of compensatory award for unfair dismissal. | £93,878 | £105,707 |
| 7 | Section 186(1)(a) and (b) of the 1996 Act | Limit on weekly amount payable to an employee, pro-rated where referable to a shorter period, in respect of a debt to which Part 12 of the 1996 Act applies and which is referable to a period of time. | £571 | £643 |
| 8 | Section 227(1) of the 1996 Act[^f00026] | Maximum amount of “a week’s pay” for the purpose of calculating a redundancy payment or for various awards including the basic or additional award of compensation for unfair dismissal. | £571 | £643 |
Signed
Kevin Hollinrake — Parliamentary Under Secretary of State — Department for Business and Trade — 10th March 2023
Explanatory note
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Footnotes
[^f00001]: 1999 c. 26; section 34(1) was amended by the Employment Relations Act 2004 (c. 24), Schedule 1, paragraph 42(1), (2) and (3). Section 34(2) was amended by the Enterprise and Regulatory Reform Act 2013 (c. 24), section 22(1) and (2). Section 34(3) was amended by the Enterprise and Regulatory Reform Act 2013, section 22(1) and (3). Section 34(4A) and (4B) were inserted by the Enterprise and Regulatory Reform Act 2013, section 15(10). Section 34(5) was amended by the Statistics and Registration Service Act 2007 (c. 18), Schedule 3, paragraph 11(a) and (b).
[^f00002]: 1992 c. 52.
[^f00003]: 1996 c. 18.
[^f00004]: S.I. 2022/182.
[^f00005]: Section 67(1) was amended by the Employment Relations Act 2004, section 34(1) and (2).
[^f00006]: Section 70C was inserted by the Employment Relations Act 1999, section 5.
[^f00007]: Sections 137(2), 138(2) and 139(1) were amended by the Employment Rights (Dispute Resolution) Act 1998 (c. 8), section 1(2)(a). Section 139(4) was inserted by the Enterprise and Regulatory Reform Act 2013, Schedule 2, paragraphs 1 and 6.
[^f00008]: Sections 145A, 145B and 145E were inserted by the Employment Relations Act 2004, section 29.
[^f00009]: Section 176 was substituted by the Trade Union Reform and Employment Rights Act 1993 (c. 19), section 14. Section 176(2) was amended by the Employment Relations Act 2004, section 34(7) and (8) and Schedule 2.
[^f00010]: Schedule A1 was inserted by the Employment Relations Act 1999, Schedule 1.
[^f00011]: Section 49(1) was amended by the Employment Rights (Dispute Resolution) Act 1998, section 1(2)(a), by the Children and Families Act 2014 (c. 6), section 129(3)(a), and by the Employment Rights Act 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order 2021, S.I. 2021/618, articles 2 and 5(a).
[^f00012]: 1998 c. 39; section 24(2) was amended by the Enterprise and Regulatory Reform Act 2013, Schedule 2, paragraphs 36 and 39.
[^f00013]: Section 63J was inserted by the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), section 40(1) and (2).
[^f00014]: Section 80I was inserted by the Employment Act 2002 (c. 22), section 47(1) and (2).
[^f00015]: Section 80G was inserted by the Employment Act 2002, section 47(1) and (2). Subsection (1D) of section 80G was inserted by the Children and Families Act 2014, section 132(1) and (4).
[^f00016]: Section 112(4) was amended by the Employment Act 2002, Schedule 7, paragraphs 24 and 36, and the Employment Relations Act 1999, Schedule 9, paragraph 11. Section 97(1) was amended by the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002, S.I. 2002/2034, regulation 11 and Schedule 2, paragraphs 3(1) and 8. Section 97(6) was repealed by the Employment Relations Act 1999, Schedule 9, paragraph 2.
[^f00017]: Section 117(1) was amended by the Employment Rights (Dispute Resolution) Act 1998, section 1(2)(a). Section 117(3) was amended by the Employment Relations Act 1999, section 33(2) and Schedule 9, paragraph 11, and the Employment Act 2002, Schedule 7, paragraphs 24 and 37.
[^f00018]: Section 145(2) was amended by the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002, S.I. 2002/2034, regulation 11 and Schedule 2, paragraphs 3(1) and 14. Section 145(7) was repealed by the Employment Relations Act 1999, Schedule 9, paragraph 2.
[^f00019]: Section 11(1) was amended by the Employment Relations Act 2004, section 37(2).
[^f00020]: 2002 c. 22. Section 38(2) was amended by the Enterprise Act 2016 (c. 12), Schedule 5, paragraph 12(a), and the Employment Rights (Miscellaneous Amendments) Regulations 2019, S.I. 2019/731, regulation 17(1) and (3).
[^f00021]: Section 38(3) was amended by the Enterprise Act 2016, Schedule 5, paragraph 12(b), and the Employment Rights (Miscellaneous Amendments) Regulations 2019, S.I. 2019/731, regulation 17(1) and (4).
[^f00022]: Section 156(1) was amended by the Employment Rights Act 1996, Schedule 1, paragraph 56(1) and (9)(a).
[^f00023]: Section 176(6A) was inserted by the Employment Relations Act 2004, section 33(4) and (6).
[^f00024]: Section 120(1) was amended by the Working Time Regulations 1998, S.I. 1998/1833, regulation 32(5).
[^f00025]: Section 124(1ZA) was inserted by the Unfair Dismissal (Variation of the Limit of Compensatory Award) Order 2013, S.I. 2013/1949, article 2(1) and (3).
[^f00026]: Section 227(1) was amended by the Employment Act 2002, Schedule 7, paragraphs 24 and 47, and the Apprenticeships, Skills, Children and Learning Act 2009, Schedule 1, paragraphs 1 and 9.
Editorial notes
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.