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Statutory Rules of Northern Ireland


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2003 No. 241

EMPLOYMENT

Employment Rights (Increase of Limits) Order (Northern Ireland) 2003

  Made 17th April 2003 
  Coming into operation 11th May 2003 

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) 2003 and shall come into operation on 11th May 2003.

    (2) In this Order -

Revocation
     2. Subject to Article 4, the Employment Rights (Increase of Limits) Order (Northern Ireland) 2002[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 11th May 2003.

    (2) In a case where the appropriate date falls before 11th May 2003, the limits having effect in relation to the case immediately before 11th May 2003 continue to apply as if this order had not been made.

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



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


17th April 2003.

L.S.


R. Gamble
A senior officer of the Department for Employment and Learning


SCHEDULE
Article 3


TABLE OF INCREASE OF LIMITS


Column 1 Column 2 Column 3 Column 4
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. £5,600 £5,700
     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. £250 £260
     3. Article 63(1) of the 1996 Order

Limit on amount of guarantee payment payable to an employee in respect of any day. £17·00 £17·30
     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) of the 1996 Order. £3,400 £3,500
     5. Article 158(1) of the 1996 Order

Limit on amount of compensatory award for unfair dismissal. £52,600 £53,500
     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. £250 £260



EXPLANATORY NOTE

(This note is not part of the Order.)


This Order increases, from 11th May 2003, the limits applying to certain awards of industrial tribunals, and other amounts payable under employment legislation, as specified in the Schedule to the Order.

Under Article 33 of the Employment Relations Order 1999, if the retail prices index for September of a year is higher (or lower) than the index for the previous September, the Department is required to change the limits, by Order, by the amounts of the increase (or decrease). The increase made by this Order reflects the increase in the index from September 2001 to September 2002.

The increases apply where the event giving rise to the entitlement to compensation or other payments occurred on or after 11th May 2003. Limits previously in operation under the Employment Rights (Increase of Limits) Order 2002 (S.R. 2002 No. 24) are preserved by Article 4 of the Order in relation to cases where the relevant event was before that date.


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. 2002 No. 24back

[7] Article 44C was inserted by the Employment Relations (Northern Ireland) Order 1999, Article 7back



ISBN 0 337950962


  © Crown copyright 2003

Prepared 7 May 2003


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