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SCHEDULES

SCHEDULE 3EMPLOYMENT RIGHTS IN HEALTH AND SAFETY CASES

PART IIIARTICLES 33 TO 34 OF THE NO. 1 ORDER, AS SUBSTITUTED

Compensation for unfair dismissal

33.—(1) Subject to paragraph (2), where an industrial tribunal makes an award of compensation for unfair dismissal under Article 32(2)(a) or (5) the award shall consist of—

(a)a basic award calculated in accordance with Article 34; and

(b)a compensatory award calculated in accordance with Article 36.

(2) In a case where the reason (or, if more than one, the principal reason) for the dismissal or, in a redundancy case, for selecting the employee for dismissal was one of those specified in Article 22A(1) or 22B(1)(a) and (b), then, unless—

(a)the complainant does not request the tribunal to make an order under Article 31; or

(b)the case falls within Article 34(2),

the award shall include a special award calculated in accordance with Article 37A.