The Employment Relations (Northern Ireland) Order 1999

Indexation of amounts, etc.

33.—(1) This Article applies to the sums specified in the following provisions—

(a) Article 40(6) of the Trade Union and Labour Relations Order (right to membership of trade union: remedies);

(b) Article 23(1) of the Employment Rights Order (maximum amount of a week’s pay for purposes of certain calculations);

(c) Article 63(1) of that Order (guarantee payments: limits);

(d) Article 154(1) of that Order (unfair dismissal: minimum amount of basic award);

(e) Article 158(1) of that Order (unfair dismissal: limit of compensatory award);

(f) Article 231(1)(a) and (b) of that Order (employee’s rights on insolvency of employer: maximum amount payable).

(2) If the retail prices index for September of a year is higher or lower than the index for the previous September, the Department shall as soon as practicable make an order in relation to each sum mentioned in paragraph (1)—

(a) increasing each sum, if the new index is higher, or

(b) decreasing each sum, if the new index is lower,

by the same percentage as the amount of the increase or decrease of the index.

(3) In making the calculation required by paragraph (2) the Department shall—

(a) in the case of sums mentioned in paragraph (1)(a), (d) and (e), round the result up to the nearest £100;

(b) in the case of sums mentioned in paragraph (1)(b) and (f), round the result up to the nearest £10; and

(c) in the case of the sums mentioned in paragraph (1)(c), round the result up to the nearest 10 pence.

(4) For the sum specified in Article 158(1) of the Employment Rights Order (unfair dismissal: limit of compensatory award) there shall be substituted the sum of £50,000 (subject to paragraph (2) above).

(5) In this Article “the retail prices index” means—

(a) the general index of retail prices (for all items) published by the Office for National Statistics, or

(b) where that index is not published for a month, any substituted index or figures published by that Office.

(6) An order under this Article shall be laid before the Assembly after being made.