Employment Rights (Dispute Resolution) Act 1998 s.13

Employment Rights (Dispute Resolution) Act 1998 s.13 is entitled "Internal appeal procedures and unfair dismissal awards"

If an employee has failed to attempt to use an available "in house" appeals procedure to settle an unfair dismissal claim, ERDRA 1998 s.13 requires the tribunal to reduce compensatory award (subject to a maximum reduction of two weeks' pay). This provision came into effect on 1st August 1998 - see Acts of Parliament etc/Employment Rights (Dispute Resolution) Act 1998/Commencement dates

By the same token, if an employer prevents an employee from using an "in house" appeals procedure, the Tribunal will be obliged to increase the award (subject to a maximum increase of two weeks' pay). The increase is called a "supplementary award" (ERA 1996 s.127A(2), inserted by ERDRA 1998 s.13).

The limit on a week's pay applied for certain purposes by ERA 1996 s.227 (£280 as from 1st February 2005, previously £270 - see notes at Maximum and minimum tribunal awards/statutory limits ) is not applied for this purpose.

For notes on provisions for similar just and equitable reduction in compensation where an employee has contributed to his dismissal see UNFAIR DISMISSAL/compensatory award/reduction if contributory conduct by employee .