Employment tribunal compensation – New limits

The limits on awards of compensation in the employment tribunal tend to be revised annually on 1 February each year.

The following limits are now applicable to claims where the “appropriate date” (such as dismissal for example) is on or after 1 February 2011. 

The limit on a week’s pay (for example when calculating a redundancy payment) has now been increased to £400.

The maximum basic award in unfair dismissal cases is now £12,000.

The maximum compensatory award in unfair dismissal claims is now £68,400.

There remains no limit on any award of compensation in discrimination cases.

The maximum additional award is £20,800.

The maximum protective award is 90 days’ pay.

Compensation for failure to comply with reinstatement and re-engagement orders is subject to a limit of £1,600.

Guaranteed payments are at £111 in any 3 month period.

The minimum basic award which applies where an employer has not complied with a duty to consider an employee’s request not to be retired is now £1,600.

The minimum basic award in certain other types of cases is now £5,000.

The limit on the tribunal’s jurisdiction in breach of contract claims remains at £25,000.

The maximum award of compensation for refusal by an employer to comply with an employee’s right to be accompanied (e.g. at a disciplinary hearing) is now £800.  

The maximum award of compensation for a failure on the part of an employer to consider a request for flexible working is £3,200.

The maximum award for a failure to inform/consult on a TUPE transfer is now £5,200.

The maximum award for failure to provide written particulars of employment is now £1,600.

Humphreys & Co. 09.02.2011

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