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Compensation Increases
The compensation limits for Employment Tribunal claims increase with effect from the 1 st February 2004 as follows:-
| Maximum compensatory award for unfair dismissal |
up £1,500 to £55,000 |
| Limit on one week’s pay |
up £10 to £270 |
| Maximum basic award for unfair dismissal (ie:30 weeks) |
up £300 to £8,100 |
| Minimum award for exclusion or expulsion from a Trade Union |
up £200 to £5,900 |
| Minimum basic award for dismissal connected with: | up £100 to £3,600 |
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Health & Safety |
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No Upper Limit
There remains no limit to the potential compensatory award where an employee is claming discrimination or is selected for redundancy or dismissed unfairly for reasons associated with health and safety or public interest disclosure.
Recoupment Provision
If an employee receives Unemployment Benefit or Income Support between the dismissal and the Employment Tribunal hearing, the Tribunal will also have enhanced powers from the 1 st February 2004 to order an employer to pay a specified amount out of the compensatory award to Job Centre Plus in respect of benefits received.
Whilst this will not affect the total amount that an employer is ordered to pay, it will prevent employees obtaining a “double award”. This is an often overlooked negotiation point for employers trying to settle a claim.
