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EXPLANATORY NOTE

(This note is not part of the Order)

This Order increases from £350 to £380 from 1st October 2009 the maximum weekly amount used for the purposes of calculating certain awards made by employment tribunals (including awards for unfair dismissal or redundancy) and certain payments made by the Secretary of State out of the National Insurance Fund where an employer is insolvent. By virtue of section 14(2) of the Work and Families Act 2006, amounts may be increased under that section on one occasion only. The increases apply where the event giving rise to the entitlement to compensation or other payments occurred on or after 1st October 2009.

Article 3 excludes, on this single occasion, the operation of section 34 of the Employment Relations Act 1999, in relation to the sums covered by this Order. Therefore the sums will not increase (or decrease) in line with the retail prices index for September 2009, in February 2010.

A full regulatory impact assessment in respect of this Order is available and a copy can be obtained from the Department for Business, Innovation and Skills, Employment Relations Directorate, 1 Victoria Street, London SW1H 0ET or on www.bis.gov.uk. Copies have also been placed in the libraries of both Houses of Parliament.