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2002 No. 24

EMPLOYMENT

Employment Rights (Increase of Limits) Order (Northern Ireland) 2002

  Made 31st January 2002 
  Coming into operation 10th March 2002 

The Department for Employment and Learning[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[3] 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) 2002 and shall come into operation on 10th March 2002.

    (2) In this Order - 

Revocation
     2. Subject to Article 4, the Employment Rights (Increase of Limits) Order (Northern Ireland) 2001[6] 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 10th March 2002.

    (2) In a case where the appropriate date falls before 10th March 2002, the limits having effect in relation to the case immediately before 10th March 2002 continue to apply.

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



Sealed with the Official Seal of the Department for Employment and Learning on


31st January 2002.

L.S.


Carmel Hanna
Minister for Employment and Learning


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. £5,500 £5,600
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. £240 £250
3. Article 63(1) of the 1996 Order Limit on amount of guarantee payment payable to an employee in respect of any day. £16·70 £17·00
4. Article 154(1) of the 1996 Order Minimum amount of basic award of compensation where dismissal is unfair by virtue of Article 132(1)(a) and (b), 133(1), 134, or 136(1). £3,300 £3,400
5. Article 158(1) of the 1996 Order Limit on amount of compensatory award for unfair dismissal. £51,700 £52,600
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. £240 £250



EXPLANATORY NOTE

(This note is not part of the Order.)


This Order increases, from 10th March 2002, the limits applying to certain awards of industrial tribunals, and other amounts payable under employment legislation, as specified in the Schedule to the Order. The increases reflect the increase in the retail prices index from September 2000 to September 2001. Orders under Article 33 are required to change the limits by the amount by which the index for the September (immediately preceding the making of the Order) is higher (or lower) than the index for the previous September. Article 4 of the Order contains transitional provisions determining the circumstances in which the increased limits will apply.


Notes:

[1] Formerly known as the Department of Higher and Further Education, Training and Employment; see the Department for Employment and Learning Act (Northern Ireland) 2001 c. 15back

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

[3] 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 Employment, now renamed the Department for Employment and Learningback

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

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

[6] S.R. 2001 No. 54back



ISBN 0 33794156 4


  © Crown copyright 2002

Prepared 21 February 2002


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