Employment Relations Act 1999 ss.34 & 37,
Employment Relations Act 1999 (Commencement No 2 and Transitional and Savings Provisions) Order 1999, SI 1999/2830
The Work and Families (Increase of Maximum Amount) Order 2009, SI 2009/1903
The Employment Rights (Revision of Limits) Order 2009, SI 2009/3274
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NOTES

  • Employment Relations Act 1999 s.34 is entitled "Indexation of amounts, &c."
  • Employment Relations Act 1999 s.37 is entitled "Compensatory award etc: removal of limit in certain cases".
  • Employment Relations Act 1999 (Commencement No 2 and Transitional and Savings Provisions) Order 1999, SI 1999/2830, was made on 14th October 1999.
  • The Work and Families (Increase of Maximum Amount) Order 2009, SI 2009/1903 was made on 15th July 2009 and applies where the appropriate date falls on or after 1st October 2009
  • The Employment Rights (Revision of Limits) Order 2009, SI 2009/3274 was made on 14th December 2009 and applies where the appropriate date falls on or after 1st February 2010.

    go to updated reference in this note.
    BASIC POSITION

    Employment Relations Act 1999 s.34 provided for a massive increase in maximum compensatory award on unfair dismissal. It increased the maximum compensatory award limit from £12,000 to £50,000. That increase applied when the effective date of termination (''edt'') is on or after 25th October 1999 (see Employment Relations Act 1999 (Commencement No 2 and Transitional and Savings Provisions) Order 1999, SI 1999/2830, sch 1 and sch 3, para 8). Since then there have been several further increases.

    Thereafter statutory compensation limits are generally adjusted annually on 1st February in each year in line with the RPI index at the previous September. However given the one-off increase from 1st October 2009 in the limit on a
    week's pay which can be taken into account for calculating various employment tribunal awards and the decrease of 1.4% in the index from September 2008 to September 2009 there is no index linking of a week's pay in February 2010.

    In addition to compensatory award a successful claimant in an unfair dismissal case is also entitled to a basic award calculated by reference to a fixed formula (see notes at Unfair dismissal/basic award/calculation of (normal cases) ).

    The maximum possible award in "normal" unfair dismissal cases in recent years is/has been:

    For outline notes on increases in effect from 1st February 2009 and decreases in effect from 1st February 2010 (pursuant to the Employment Rights (Increase of Limits) Order 2008, SI 2008/3055 and the Employment Rights (Revision of Limits) Order 2009, SI 2009/3274 ) see Maximum and minimum tribunal awards/statutory limits .

    For more detail generally see Maximum and minimum tribunal awards


    FINISH>
    updated Jan 2010