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2001 No. 54

EMPLOYMENT

Employment Rights (Increase of Limits) Order (Northern Ireland) 2001

  Made 12th February 2001 
  Coming into operation 11th March 2001 

The Department of Higher and Further Education, Training and Employment[1] in exercise of the powers conferred by Articles 33 and 39(3) of the Employment Relations (Northern Ireland) Order 1999[2] and now vested in it, and of every other power enabling it in that behalf, hereby makes the following Order:

Citation, commencement and interpretation
     1.  - (1) This Order may be cited as the Employment Rights (Increase of Limits) Order (Northern Ireland) 2001 and shall come into operation on 11th March 2001.

    (2) In this Order - 

Revocation
     2. Subject to Article 4, the Employment Rights (Increase of Limits) (No. 2) Order (Northern Ireland) 2000[5] is revoked.

Increase of limits
     3. Subject to Article 4, each of the limits referred to in the first and second columns of the Table in the Schedule to this Order is increased by the substitution, in place of the old amount specified in the third column, of the new amount specified in the fourth column.

Transitional provisions
    
4.  - (1) The increases provided for in Article 3 have effect in any case where the appropriate date falls on or after 11th March 2001.

    (2) In a case where the appropriate date falls before 11th March 2001, the limits having effect in relation to the case immediately before 11th March 2001 continue to apply.

    (3) In this Article "the appropriate date" means - 



Sealed with the Official Seal of the Department of Higher and Further Education, Training and Employment on


12th February 2001.

L.S.


R. B. Gamble
A senior officer of the Department of Higher and Further Education,Training and Employment


SCHEDULE
Article 3


Table of increase of Limits


  Relevant statutory provision Subject of provision Old Limit New Limit
1. Article 40(6) of the 1995 Order Minimum amount of compensation awarded by the industrial tribunal where individual expelled from union in contravention of Article 38 of the 1995 Order and where, when the application is made, the applicant has not been re-admitted to the union. £5,300 £5,500
2. Article 23(1) of the 1996 Order Maximum amount of 'a week's pay' for the purpose of calculating basic or additional award of compensation for unfair dismissal or redundancy payment. £230 £240
3. Article 63(1) of the 1996 Order Limit on amount of guarantee payment payable to an employee in respect of any day. £16·10 £16·70
4. Article 154(1) of the 1996 Order Minimum amount of basic award of compensation where dismissal is unfair by virtue of Article 131(1)(a), and (b), 133(1), 134, or 136(1). £3,100 £3,300
5. Article 158(1) of the 1996 Order Limit on amount of compensatory award for unfair dismissal. £50,000 £51,700
6. Article 231(1) of the 1996 Order Limit on amount in respect of any one week payable to an employee in respect of debt to which Part XIV of the 1996 Order applies and which is referable to a period of time. £230 £240



EXPLANATORY NOTE

(This note is not part of the Order.)


This Order increases, from 11th March 2001, the limits applying to certain awards of industrial tribunals, and other amounts payable under employment legislation, as specified in the Schedule to the Order. Orders under Article 33 are required to change the limits by the amount by which the retail prices index for the September immediately preceding the making of the Order is higher (or lower) than the index for the previous September. The increases made by this Order therefore reflect the increase in the index from September 1999 to September 2000.

Article 4 of the Order contains transitional provisions determining the circumstances in which the increased limits will apply.


Notes:

[1] The Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 (S.R. 1999 No. 481) transferred functions under the Employment Relations (Northern Ireland) Order 1999 to the Department of Higher and Further Education, Training and Employmentback

[2] S.I. 1999/2790 (N.I. 9)back

[3] S.I. 1995/1980 (N.I. 12)back

[4] S.I. 1996/1919 (N.I. 16)back

[5] S.R. 2000 No. 50back



ISBN 0-337-04368-X


  © Crown copyright 2001

Prepared 21 February 2001


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URL: http://www.bailii.org/nie/legis/num_reg/2001/20010054.html