Increase in Compensation Limits - Expert Comments

Gillian Cumming
6th Feb 2009

The Employment Rights (Increase of Limits) Order 2008 increased compensation limits for some Tribunal awards and other statutory payments from 1 February 2009.

UK Money

The Employment Rights (Increase of Limits) Order 2008 increased compensation limits for some Tribunal awards and other statutory payments from 1 February 2009.

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.

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