2021 No. 208
Terms And Conditions Of Employment

The Employment Rights (Increase of Limits) Order 2021

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, extent and interpretation1.

(1)

This Order may be cited as the Employment Rights (Increase of Limits) Order 2021.

(2)

This Order shall come into force on 6th April 2021.

(3)

This Order extends to England and Wales and Scotland.

(4)

In this Order—

“the 1992 Act” means the Trade Union and Labour Relations (Consolidation) Act 19922; and
“the 1996 Act” means the Employment Rights Act 19963.

Revocation2.

The Employment Rights (Increase of Limits) Order 20204 is revoked.

Increase of limits3.

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 provisions4.

(1)

The revocation in article 2 and the substitution made in article 3 do not have effect in relation to a case where the appropriate date falls before 6th April 2021.

(2)

In this article “the appropriate date” means—

(a)

in the case of an application made under section 67(1) of the 1992 Act5 (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 70C(1) of the 1992 Act6 (failure by an employer to consult with a trade union on training matters), the date of the failure;

(c)

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 Act7;

(d)

in the case of an award under section 145E(2)(b) of the 1992 Act (award to worker in respect of offer made by employer in contravention of section 145A or 145B of that Act8), the date of the offer;

(e)

in the case of an application for an award of compensation under section 176(2) of the 1992 Act9 (compensation for exclusion or expulsion from a trade union), the date of the exclusion or expulsion from the union;

(f)

in the case of an award under paragraph 159(1) of Schedule A1 to the 1992 Act10, where a worker has suffered a detriment that is the termination of the worker’s contract, the date of the termination;

(g)

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;

(h)

in the case of an award of compensation under section 49(1)(b) of the 1996 Act11 by virtue of section 24(2) of the National Minimum Wage Act 199812, where a worker has suffered a detriment that is the termination of the worker’s contract, the date of the termination;

(i)

in the case of an award of compensation under section 63J(1)(b) of the 1996 Act13 (employer’s failure, refusal or part refusal following request in relation to study or training), the date of the failure or the date on which the employer notified the employee of a decision to refuse the application (or part of it) on appeal (as the case may be);

(j)

in the case of an award of compensation under section 80I(1)(b) of the 1996 Act14 (complaint to an employment tribunal relating to an application for contract variation), the date of the failure in relation to the application, the decision to reject the application or the notification by the employer under section 80G(1D) of the 1996 Act15;

(k)

in the case of an award under section 112(4) of the 1996 Act (award in relation to unfair dismissal), the effective date of termination as defined by section 97 of that Act16;

(l)

in the case of an award under section 117(1) or (3) of the 1996 Act17, 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 re-engagement (specified under section 115(2)(f) of that Act), should have been complied with;

(m)

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 Act18;

(n)

in the case of entitlement to a redundancy payment by virtue of section 135(1)(b) of the 1996 Act (eligibility for a redundancy payment by reason of being laid off or kept on short-time), the relevant date as defined by section 153 of that Act;

(o)

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;

(p)

in the case of a complaint presented under section 11(1) of the Employment Relations Act 199919 (failure or threatened failure to allow the worker to be accompanied at the disciplinary or grievance hearing, to allow the companion to address the hearing or confer with the worker, or to postpone the hearing), the date of the failure or threat;

(q)

in the case of an award made under section 38(2) of the Employment Act 200220 (failure to give statement of employment particulars etc), the date the proceedings to which that section applies were begun;

(r)

in the case of an increase in an award in pursuance of section 38(3) of the Employment Act 200221 (failure to give statement of employment particulars etc), the date the proceedings to which that section applies were begun; and

(s)

in the case of a complaint presented under regulation 15 of the Flexible Working (Procedural Requirements) Regulations 200222 (failure or threatened failure to allow an employee to be accompanied at a meeting, to allow the companion to address the meeting or confer with the employee, or to postpone the meeting), the date of the failure or threat.
Paul Scully
Minister for Small Business, Consumers and Labour Markets
Department for Business, Energy and Industrial Strategy

SCHEDULE

Article 3

Column 1

Column 2

Column 3

Column 4

Relevant statutory provision

Subject of provision

Old limit

New limit

1

Section 145E(3) of the 1992 Act

Amount of award for unlawful inducement relating to trade union membership or activities or for unlawful inducement relating to collective bargaining.

£4,294

£4,341

2

Section 156(1) of the 1992 Act23

Minimum amount of basic award of compensation where dismissal is unfair by virtue of section 152(1) or 153 of the 1992 Act.

£6,562

£6,634

3

Section 176(6A) of the 1992 Act24

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.

£10,022

£10,132

4

Section 31(1) of the 1996 Act

Limit on amount of guarantee payment payable to an employee in respect of any day.

£30

£30

5

Section 120(1) of the 1996 Act25

Minimum amount of basic award of compensation where dismissal is unfair by virtue of section 100(1)(a) and (b), 101A(d), 102(1) or 103 of the 1996 Act.

£6,562

£6,634

6

Section 124(1ZA)(a) of the 1996 Act26

Limit on amount of compensatory award for unfair dismissal.

£88,519

£89,493

7

Section 186(1)(a) and (b) of the 1996 Act

Limit on amount in respect of any one week payable to an employee in respect of a debt to which Part 12 of the 1996 Act applies and which is referable to a period of time.

£538

£544

8

Section 227(1) of the 1996 Act27

Maximum amount of “a week’s pay” for the purpose of calculating a redundancy payment or for various awards including the basic or additional award of compensation for unfair dismissal.

£538

£544

EXPLANATORY NOTE
(This note is not part of the Order)

This Order increases, from 6th April 2021, the limits applying to certain awards of employment tribunals, and other sums payable under employment legislation, as specified in the Schedule to this Order.

Under section 34(2) of the Employment Relations Act 1999 (“the 1999 Act”), if the retail prices index for September of a year is higher or lower than the index for the previous September, the Secretary of State is required to change the specified sums, by Order, by the percentage of the increase or decrease (rounded up or down as specified in section 34(3) of the 1999 Act). The increases made by this Order reflect the increases in the retail prices index of 1.1% from September 2019 to September 2020.

The increases apply where the event giving rise to the entitlement to compensation or other payment occurred on or after 6th April 2021. The sums previously in force under the Employment Rights (Increase of Limits) Order 2020 (SI 2020/205) are preserved by article 4 of this Order in relation to cases where the relevant event was before 6th April 2021.

A full impact assessment has not been produced for this Order because section 34 of the 1999 Act provides for indexation according to a pre-determined formula linked to the retail prices index.