The Unfair Dismissal (Increase of Compensation Limit) Order 1993

• Citation: S.I. 1993/1348
• Sections: 3

Section 1 Citation, commencement and revocation

(1) This Order may be cited as the Unfair Dismissal (Increase of Compensation Limit) Order 1993 and shall come into force on 1st June 1993.

(2) Subject to article 3(2), the Unfair Dismissal (Increase of Compensation Limit) Order 1991 (“the 1991 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 £11,000.

Section 3 Transitional provisions

(1) The increase specified in article 2 shall have effect where the appropriate date falls on or after the date this Order comes into force.

(2) Notwithstanding the revocation of the 1991 Order, the limits set by or, as the case may be, preserved by articles 2 and 3 of that Order shall continue to have effect as provided by that Order where the appropriate date falls before the date this Order comes into force.

(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 174 of the Trade Union and Labour Relations (Consolidation) Act 1992 (“the 1992 Act ”) (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;

(c) in the case of a complaint presented under section 66 of the 1992 Act (complaint of unjustifiable discipline by a trade union), the date of 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;

(e) in the case of a complaint presented under section 137(2) (refusal of employment on the grounds related to union membership) or section 138(2) (refusal of service of employment agency on grounds related to union membership) of the 1992 Act, the date of the conduct, (as determined by section 139 of the 1992 Act) to which the complaint relates;

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.