Article 154 Basic award: minimum in certain cases

Northern Ireland

(1)

The amount of the basic award (before any reduction under Article 156) shall not be less than F1£9,512 where the reason (or, if more than one, the principal reason)—

(a)

in a redundancy case, for selecting the employee for dismissal, or

(b)

otherwise, for the dismissal,

is one of those specified in Article 132(1)(a) and (b),F2 132A(d), 133(1), 134 or 136(1).

F3(1A)

Where—

(a)

an employee is regarded as unfairly dismissed by virtue of Article F4 . . . 130A(1) (whether or not his dismissal is unfair or regarded as unfair for any other reason),

(b)

an award of compensation falls to be made under Article 146(4), and

(c)

the amount of the award under Article 152(1)(a), before any reduction under Article 156(3A) or (4), is less than the amount of four weeks' pay,

the industrial tribunal shall, subject to paragraph (1B), increase the award under Article 152(1)(a) to the amount of four weeks' pay.

(1B)

An industrial tribunal shall not be required by paragraph (1A) to increase the amount of an award if it considers that the increase would result in injustice to the employer.

F5(1C)

Where an employee is regarded as unfairly dismissed by virtue of Article 135F (blacklists) (whether or not the dismissal is unfair or regarded as unfair for any other reason), the amount of the basic award of compensation (before any reduction is made under Article 156) shall not be less than £5,700.

Para. (2) rep. by 1999 NI 9

Annotations

Textual amendments

F1: Sum in art. 154(1) substituted (6.4.2026) by The Employment Rights (Increase of Limits) Order (Northern Ireland) 2026 (S.R. 2026/57), arts. 1(1), 3, Sch. (with art. 4)
F2: SR 1998/386
F3: 2003 NI 15
F4: Words in art. 154(1A)(a) omitted (6.4.2011) by virtue of Employment Equality (Repeal of Retirement Age Provisions) Regulations (Northern Ireland) 2011 (S.R. 2011/168), reg. 3(7) (with regs. 4, 5, 7)
F5: Art. 154(1C) inserted (6.4.2014) by The Employment Relations (Northern Ireland) Order 1999 (Blacklists) Regulations (Northern Ireland) 2014 (S.R. 2014/88), regs. 1, 12(6)

Notes on the whole Order

Textual amendments

F1: functions transfered SR 1999/481

Notes on Part XI

Modifications

C1: Pt. 11 (arts. 126-169A) modified (6.4.2006) by Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), regs. 2(3), 7, Sch. 1 paras. 4, 11 (with reg. 21(1), Sch. 1 para. 3)
C2: Pt. 11 (arts. 126-169A) modified (18.8.2006) by European Cooperative Society (Involvement of Employees) Regulations 2006 (S.I. 2006/2059), regs. 2, 31, Sch. 3 paras. 10, 22
C3: Pt. 11 (arts. 126-169A) modified (1.10.2006) by Employment Equality (Age) Regulations (Northern Ireland) 2006 (S.R. 2006/261), regs. 1(1), 51, Sch. 5 para. 13(5) (with reg. 50)
C4: Pt. 11 (arts. 126-169A) modified (15.12.2007) by Companies (Cross-Border Mergers) Regulations 2007 (S.I. 2007/2974), regs. 22(3), 46(1), Sch. 2 paras. 7, 20
C5: Pt. 11 (arts. 126-169A) modified (1.10.2009) by European Public Limited-Liability Company (Employee Involvement) (Northern Ireland) Regulations 2009 (S.I. 2009/2402), reg. 29 (with reg. 39)
C6: Pt. 11 (arts. 126-169A) modified (5.12.2011) by Agency Workers Regulations (Northern Ireland) 2011 (S.R. 2011/350), reg. 17
C7: Pt. 11 modified (6.4.2022) by The Parental Bereavement Leave Regulations (Northern Ireland) 2022 (S.R. 2022/166), regs. 1, 13(1)
C8: Pt. 11 modified (3.10.2022) by The Parental Bereavement Leave (No. 2) Regulations (Northern Ireland) 2022 (S.R. 2022/237), regs. 1, 13(1) (with regs. 16-21)
C9: Pt. 11 modified (2.4.2023) by The Parental Bereavement Leave Regulations (Northern Ireland) 2023 (S.R. 2023/55), regs. 1, 13(1) (with regs. 16-21)
C10: Pt. XI modified (29.9.2023) by The Parental Bereavement Leave (No. 2) Regulations (Northern Ireland) 2023 (S.R. 2023/156), regs. 1, 13(1) (with regs. 16-21)