Increase in Compensation Limits
Email Update 38
The Employment Rights (Increase of Limits) Order 2008 increased compensation limits for some Tribunal awards and other statutory payments from 1 February 2009.
With such potential awards it is more important than ever to get the right advice at the right time. Just Employment Law Ltd will be pleased to advise you on any employment matters to ensure that you stay within the limit of the law and that any potential liability is minimised.
| Type of Payment | Minimum from 1 February 2009 | Maximum from 1 February 2009 |
|---|---|---|
| Limit on a week's pay (gross) for certain purposes | N/A | £350 |
| Unfair dismissal basic award | N/A | £10,500 |
| Unfair dismissal compensatory award | N/A | £66,200 save in certain circumstances (see Limit on compensatory award) |
| Unfair dismissal additional award | Lower of 26 weeks' pay or £9,100 | 52 weeks' pay (up to £18,200 ) |
| Statutory redundancy payment | N/A | £10,500 |
| Guarantee pay limit for a day's pay during short-time or temporary lay off | N/A | £21.50 a day (subject to a maximum of 5 days or £107.50 in any three months) |
| Basic award where the dismissal is in breach of statutory DDPs | Lower of 4 weeks' pay or £1,400 | £10,500 |
| Basic award where the principal reason for dismissal is for trade union membership or activities | £4,700 | £10,500 |
| Basic award where the principal reason for dismissal is for carrying out activities as a health and safety representative | £4,700 | £10,500 |
| Basic award where the principal reason for dismissal is for carrying out duties as an occupational pension scheme trustee | £4,700 | £10,500 |
| Basic award where the principal reason for dismissal is for carrying out functions or activities as an employee representative or candidate | £4,700 | £10,500 |
| Basic award where the principal reason for dismissal is based on working time grounds | £4,700 | £10,500 |
| Award for employees excluded or expelled from a trade union (EAT cases only) | £7,300 | £76,700 |
| Unjustifiable discipline by a trade union | N/A | £76,700 |
| Unfair refusal of employment or services of employment agency on union membership grounds | N/A | £66,200 |
| Consultation with union on training | N/A | 2 weeks' pay (up to £700) |
| Breach of right to be accompanied | N/A | 2 weeks' pay (up to £700) |
| Breach of contract cases heard in the employment tribunal | N/A | £25,000 |
| Failure to inform or consult over collective redundancy | N/A | 90 days' actual pay |
| Failure to inform or consult over a TUPE transfer | N/A | 13 weeks' actual pay |
| Failure to give statement of employment particulars | 2 weeks' pay (up to £700) | 4 weeks' pay (up to £1,400) |
| Breach of flexible working regulations | N/A | 8 weeks' pay (up to £2,800) |
Please note that there is no limit on compensation payable in successful claims of discrimination on the grounds of race, sex, disability, sexual orientation, age, or religion or belief.
