Statutory Instrument 2002 No. 10

Employment Rights (Increase of Limits) Order 2002

---

© Crown Copyright 2002

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the Employment Rights (Increase of Limits) Order 2002, ISBN 0 11 039144 6. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

(a) "the 1992 Act" means the Trade Union and Labour Relations (Consolidation) Act 1992[2];

(b) "the 1996 Act" means the Employment Rights Act 1996[3].

Revocation
     2. Subject to article 4, the Employment Rights (Increase of Limits) Order 2001[4] is revoked.

Increase of limits
     3. Subject to article 4, each of the limits referred to in the first and second columns of the Table in the Schedule to this Order is increased by the substitution, in place of the old amount specified in the third column, of the new amount specified in the fourth column.

Transitional provisions
     4.  - (1) The increases provided for in article 3 have effect in any case where the appropriate date falls on or after 1st February 2002.

    (2) In a case where the appropriate date falls before 1st February 2002, the limits having effect in relation to the case immediately before 1st February 2002 continue to apply.

    (3) In this article "the appropriate date" means - 

(a) in the case of an application made under section 67 of the 1992 Act (compensation for unjustifiable discipline by a trade union), the date of the determination infringing the applicant's right;

(b) in the case of a complaint presented under section 137(2) of the 1992 Act (refusal of employment on grounds related to union membership) or section 138(2) of that Act (refusal of service of employment agency on grounds related to union membership), the date of the conduct to which the complaint relates, as determined under section 139 of that Act;

(c) in the case of an application made under section 176(2) of the 1992 Act[5] (compensation for exclusion or expulsion from a trade union), the date of the exclusion or expulsion from the union;

(d) in the case of a guarantee payment to which an employee is entitled under section 28(1) of the 1996 Act, the day in respect of which the payment is due;

(e) in the case of a complaint presented under section 111 of the 1996 Act (complaints of unfair dismissal), for the purpose of calculating the basic award or compensatory award under section 118(1) of that Act, the effective date of termination as defined by section 97 of that Act;

(f) in the case of an award under section 117(1) or (3) of the 1996 Act[6], where an employer has failed to comply fully with the terms of an order for reinstatement or re-engagement or has failed to reinstate or re-engage the complainant in accordance with such an order, the date by which the order of reinstatement (specified under section 114(2)(c) of that Act) or, as the case may be, re-engagement (specified under section 115(2)(f) of that Act) should have been complied with;

(g) in the case of entitlement to a redundancy payment by virtue of section 135(1)(a) of the 1996 Act (dismissal by reason of redundancy), the relevant date as defined by section 145 of that Act[7];

(h) in the case of entitlement to a redundancy payment by virtue of section 135(1)(b) of the 1996 Act (lay-off or short-time), the relevant date as defined by section 153 of that Act; and

(i) in the case of entitlement to a payment under section 182 of the 1996 Act (payments by the Secretary of State), the appropriate date as defined by section 185 of that Act.

Alan Johnson
Minister of State for the Regions and Employment Relations, Department of Trade and Industry

7th January 2002

[2] 1992 c. 52.back

[3] 1996 c. 18.back

[4] S.I. 2001/21.back

[5] Section 176 was substituted by section 14 of the Trade Union Reform and Employment Rights Act 1993 (c. 19).back

[6] Section 117(3) was amended by the Employment Relations Act 1999, section 33(2).back

[7] Section 145(7) was repealed by the Employment Relations Act 1999, section 9 and 44; Schedule 4, Part III, paragraphs 5 and 26; and Schedule 9.2.back