The Unfair Dismissal (Increase of Compensation Limit) Order 1989

• Citation: S.I. 1989/527
• Sections: 3

Section 1 Citation, commencement and revocation

(1) This Order may be cited as the Unfair Dismissal (Increase of Compensation Limit) Order 1989 and shall come into force on 1st April 1989.

(2) Subject to article 3(2), the Unfair Dismissal (Increase of Compensation Limit) Order 1986 (“the 1986 Order ”) is revoked.

Section 2 Increase of limits

Subject to article 3, the limit of compensation specified in section 75(1) of the 1978 Act is increased to £8,925.

Section 3 Transitional provisions

(1) The increase specified in article 2 shall have effect where the appropriate date falls on or after 1st April 1989.

(2) Notwithstanding the revocation of the 1986 Order, the limits set by or, as the case may be, preserved by articles 3 and 4 of that Order shall continue to have effect as provided by that Order where the appropriate date falls before 1st April 1989.

(3) In this article, “the appropriate date” means–

(a) in the case of a complaint presented under section 67 of the 1978 Act (complaint of unfair dismissal), the effective date of termination;

(b) in the case of a complaint presented under section 4 of the Employment Act 1980 (complaint of unreasonable exclusion or expulsion from a trade union), the date of the refusal of the application for, or of the expulsion from, membership, as the case may be; or

(c) in the case of a complaint presented under section 4 of the Employment Act 1988 (complaint of unjustifiable discipline by a trade union), the date of the determination which the individual claims constituted an infringement of his right;

(d) in the case of a complaint presented under section 63 of the Sex Discrimination Act 1975 or under section 54 of the Race Relations Act 1976 , the date on which the act complained of was done.

and “effective date of termination” has the same meaning as in section 55(4) of the 1978 Act except in a case in which section 55(5) or (6) of that Act would have effect so as to treat a later date as the effective date of termination, in which case that later date shall be the effective date for the purposes of this article.