LegalizeThe Employment Rights (Increase of Limits) Order (Northern Ireland) 2020
Made: 20th March 2020
Coming into operation: 6th April 2020
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Citation, commencement and interpretation
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Revocation
2
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Increase of limits
3
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Saving and transitional provision
4
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SCHEDULE — INCREASE OF LIMITS
| Column 1 Relevant statutory provision | Column 2 Subject of provision | Column 3 Old Limit[^f00019] | Column 4 New Limit | |
|---|---|---|---|---|
| 1. | Article 40(6) of the 1995 Order | Minimum amount of compensation where individual expelled from trade union in contravention of Article 38 of the 1995 Order and not re-admitted to the union by the date of application to the tribunal. | £9,982 | £10,222 |
| 2. | Article 23(1) of the 1996 Order | Maximum amount of “a week’s pay” for the purpose of calculating a redundancy payment or various awards, including the basic or additional award of compensation for unfair dismissal. | £547 | £560 |
| 3. | Article 63(1) of the 1996 Order | Limit on amount of guarantee payment payable to an employee in respect of any day. | £29.00 | £30.00 |
| 4. | Article 77E(3) of the 1996 Order | Amount of award for unlawful inducement relating to trade union membership or activities, or for unlawful inducement relating to collective bargaining. | £4,401 | £4,507 |
| 5. | 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), 132A(1)(d)[^f00020], 133(1), 134 or 136(1) of the 1996 Order. | £6,655 | £6,815 |
| 6. | Article 158(1) of the 1996 Order | Limit on amount of compensatory award for unfair dismissal. | £86,614 | £88,693 |
| 7. | Article 231(1)(a) and (b) of the 1996 Order | Limit on amount in respect of any one week payable to an employee in respect of a debt to which Part XIV of the 1996 Order applies and which is referable to a period of time. | £547 | £560 |
Signed
Sealed with the Official Seal of the Department for the Economy on 20th March 2020.
Colin Jack — A senior officer of the Department for the Economy
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
This Order increases, from 6th April 2020, the limits applying to certain awards of industrial tribunals, the Fair Employment Tribunal or Labour Relations Agency statutory arbitration, and other amounts payable under employment legislation, as specified in the Schedule to the Order.
Under Article 33(2) of the Employment Relations (Northern Ireland) Order 1999 (“the 1999 Order”), if the retail prices index (RPI) for September of a year is higher (or lower) than the index for the previous September, the Department is required to change, by Order, the sums specified in the provisions mentioned in Article 33(1) by the percentage of the increase or decrease (rounded up or down as specified in Article 33(3) of the 1999 Order ). The increases made by this Order reflect the increase in the RPI of 2.4% from September 2018 to September 2019.
The increases apply where the event giving rise to the entitlement to compensation or other payments occurs on or after 6th April 2020. Article 2 of the Order revokes the Employment Rights (Increase of Limits) Order (Northern Ireland) 2019 (S.R. 2019 No. 63) (“the 2019 Order”). Article 4 of the Order preserves the sums previously in operation under the 2019 Order in relation to cases where the relevant event was before 6th April 2020.
An impact assessment is not required because Article 33(2) of the 1999 Order provides for indexation according to a pre-determined formula linked to RPI.
Footnotes
[^f00001]: S.I. 1999/2790 (N.I. 9); Article 33 was amended by the Employment Act (Northern Ireland) 2016 (c. 15 (N.I.)), section 22 and by the Employment Relations (Northern Ireland) Order 2004 (N.I. 19), Article 30(1) and Schedule 2, paragraph 24.
[^f00002]: The functions of the Department of Economic Development under the Employment Relations (Northern Ireland) Order 1999 were transferred to the Department of Higher and Further Education, Training and Employment by S.R. 1999 No.481, article 4(b) and Schedule 2, Part II. The Department of Higher and Further Education, Training and Employment was renamed the Department for Employment and Learning by 2001 c.15 (N.I.), section 1, and following the dissolution of that department by the Departments Act (Northern Ireland) 2016 (c.5 (N.I.)), section 1(10), its functions under the Employment Relations (Northern Ireland) Order 1999 were transferred to the Department for the Economy by S.R. 2016 No. 76, Article 6(1)(c).
[^f00003]: S.I. 1995/1980 (N.I. 12).
[^f00004]: S.I. 1996/1919 (N.I. 16).
[^f00005]: S.R. 2019 No. 63.
[^f00006]: Article 44C was inserted by Article 7 of the Employment Relations (Northern Ireland) Order 1999.
[^f00007]: Schedule 1A was inserted by Articles 3(1) and (3) and Schedule 1 to the Employment Relations (Northern Ireland) Order 1999.
[^f00008]: Article 72(1) was amended by the Work and Families Act (Northern Ireland) 2015 (c. 1(N.I.)), section 18(4)(a).
[^f00009]: 1998 c. 39.
[^f00010]: Articles 77A, 77B and 77E were inserted by Article 14 of the Employment Relations (Northern Ireland) Order 2004 (S.I. 2004/3078 (N.I. 19)).
[^f00011]: Article 112I was inserted by Article 15(2) of the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2)).
[^f00012]: Article 146(4) was amended by the Employment (Northern Ireland) Order 2003 (S.I. 2003/2902 (N.I.15)), Article 35 and Schedule 5, paragraph 2(6). Article 146(5) was inserted by Article 23(3) of the Employment (Northern Ireland) Order 2003.
[^f00013]: Article 129(1) was amended by the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2002 (S.R. 2002 No. 298), Schedule 2, paragraph 2(8). Article 129(6) was repealed by the Employment Relations (Northern Ireland) Order 1999, Schedule 9.
[^f00014]: Article 151(3) was amended by Article 32(2) of the Employment Relations (Northern Ireland) Order 1999 and the Employment (Northern Ireland) Order 2003, Schedule5, paragraph 2(6).
[^f00015]: Article 180(2) was amended by the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2002 (S.R. 2002 No. 298), Schedule 2, paragraph 2(14). Article 180(7) was repealed by the Employment Relations (Northern Ireland) Order 1999, Schedule 9.
[^f00016]: Article 13(1) was amended by Article 18(2) of the Employment Relations (Northern Ireland) Order 2004 (S.I. 2004/3078 (N.I. 19)).
[^f00017]: S.R. 2003 No. 173.
[^f00018]: S.I. 2003/2902 (N.I. 15).
[^f00019]: ‘Old Limit’ refers to amounts specified in Colum 4 of the Schedule to S.R. 2019 No. 63
[^f00020]: Article 132A(1)(d) was inserted by regulation 32(6) of the Working Time Regulations (Northern Ireland) 1998 (S.R. 1998 No. 386) and amended by S.I. 2003/3049, Schedule 2, paragraph 4(3).
Editorial notes
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