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Part VU.K. Unfair Dismissal

Modifications etc. (not altering text)

C1Pt. V modified by S.I. 1981/1794, regs. 8(1)(4), 13

Pt. V (ss. 54-80) modified (3.4.1995) by 1994 c. 19, s. 44(1)(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 7, Sch. 3

Pt. V modified (E.W.) (ss. 54-80) (26.8.1994) by 1994 c. 20, s. 4, Sch. 4 para. 7(1)(3); S.I. 1994/1841, art. 2

Pt. V modified (ss. 54-80) (prosp.) by 1995 c. 26, ss. 46(5)(6), 180(1) (which c. 46 was repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202))

C2Pt. V (ss. 54–80) modified by S.I. 1989/901, arts. 3, 4(b), Sch.

C3Pt. V (ss. 54-80) modified (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss.152(1),153, 302.

Pt. V (ss. 54-80) excluded (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 167(1), 302.

Pt. V: by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 167(1)(2)(3), 302 it is provided (16.10.1992) that Pt. V of this Act shall have effect subject to the provisions of ss. 152-166 of that 1992 Act and that those sections shall be construed as one with this Part.

Amount of compensationE+W+S

76 Compensation for act which is both sex or racial discrimination (or both) and unfair dismissal.E+W+S

(1)Where compensation falls to be awarded in respect of any act both under the provisions of this Act relating to unfair dismissal and under one or both of the following Acts, namely the M1Sex Discrimination Act 1975 and the M2Race Relations Act 1976, an industrial tribunal shall not award compensation under any one of those two or, as the case may be, three Acts in respect of any loss or other matter which is or has been taken into account under the other or any other of them by the tribunal or another industrial tribunal in awarding compensation on the same or another complaint in respect of that act.

(2)Without prejudice to section 75 (whether as enacted or as applied by F1. . . section 56 of the Race Relations Act 1976) [F2in a case where compensation falls to be awarded in respect of any act both under the provisions of this Act relating to unfair dismissal and under the Race Relations Act 1976], the aggregate of the following amounts of compensation awarded by an industrial tribunal, that is to say—

F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)any compensation awarded under the said Act of 1976; and

(c)any compensation awarded under section 71(1) or, as the case may be, which is calculated in accordance with section 74.

shall not exceed the limit for the time being imposed by section 75.

Textual Amendments

F1Words in s. 76(2) repealed (22.11.1993) by S.I. 1993/2798, reg. 1(3), Sch., para. 2(a)

F2Words in s. 76(2) substituted (22.11.1993) by S.I. 1993/2798, reg. 1(3), Sch., para. 2(b)

Marginal Citations