2009 No. 3274
The Employment Rights (Revision of Limits) Order 2009
Made
Laid before Parliament
Coming into force
The Secretary of State, in exercise of the powers conferred by section 34 of the Employment Relations Act 19991, makes the following Order:
Citation, commencement and interpretation1
1
This Order may be cited as the Employment Rights (Revision of Limits) Order 2009 and shall come into force on 1st February 2010.
Revision of limits2
In the provisions set out in column 1 of the Schedule to this Order (generally described in column 2), for the sums specified in column 3 substitute the sums specified in column 4.
Transitional provisions3
1
The substitutions made by article 2 do not have effect in relation to a case where the appropriate date falls before 1st February 2010.
2
In this article “the appropriate date” means—
a
in the case of an application made under section 67(1) of the 1992 Act4 (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 Act5;
c
in the case of an application made under section 176(2) of the 1992 Act6 (compensation for exclusion or expulsion from a trade union), the date of the exclusion or expulsion from the union;
d
in the case of an award under paragraph 159(1) of Schedule A1 to the 1992 Act7 (compensation for a worker who has been subjected to a detriment in contravention of paragraph 156 of that Schedule), where a worker has suffered a detriment that is the termination of the worker’s contract, the date of the termination;
e
in the case of a guarantee payment to which an employee is entitled under section 28(1) of the 1996 Act (right to guarantee payment in respect of workless day), the day in respect of which the payment is due;
f
in the case of an award of compensation under section 49(1)(b) of the 1996 Act8 by virtue of section 24(2) of the National Minimum Wage Act 19989 (compensation for a worker who has been subjected to a detriment in contravention of section 23 of the National Minimum Wage Act 199810), where a worker has suffered a detriment that is the termination of the worker’s contract, the date of the termination;
g
h
in the case of an award under section 117(1) or (3) of the 1996 Act13 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 for 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.
SCHEDULE
Column 1 | Column 2 | Column 3 | Column 4 | ||
---|---|---|---|---|---|
Relevant statutory provision | Subject of provision | Old limits | New limits | ||
1 | Section 176(6A) of the 1992 Act14 | 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. | £7,300 | £7,200 | |
2 | Section 31(1) of the 1996 Act | Limit on amount of guarantee payment payable to an employee in respect of any day. | £21.50 | £21.20 | |
3 | Section 124(1) of the 1996 Act | Limit on amount of compensatory award for unfair dismissal. | £66,200 | £65,300 |
(This note is not part of the Order)