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The Public Interest Disclosure (Compensation) Regulations 1999

S.I. 1999/1548 · Made 5 June 1999

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

TERMS AND CONDITIONS OF EMPLOYMENT

Made 5th June 1999

Laid before Parliament 8th June 1999

Coming into force 2nd July 1999

The Secretary of State, in exercise of the powers conferred on him by section 127B of the Employment Rights Act 1996f1, hereby makes the following Regulations:–

Annotations to the whole text

Footnotes

f1

1996 c. 18. Section 127B of the Employment Rights Act 1996 (“the 1996 Act”) was inserted by the Public Interest Disclosure Act 1998 (c. 23), section 8(4).

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Compensation
  4. Signature
  5. Explanatory note

1Citation and commencement

These Regulations may be cited as the Public Interest Disclosure (Compensation) Regulations 1999 and shall come into force on 2nd July 1999.

2Interpretation

In these Regulations–

  • “the 1996 Act” means the Employment Rights Act 1996.

3Compensation

Sections 117 to 127Af1 of the 1996 Act shall apply to compensation awarded, or a compensatory award made, to a person in a case where he is regarded as unfairly dismissed by virtue of section 103Af2 or 105(6A)f3 of the 1996 Act, with the following modifications–

(a)

as if, after section 124(1), there was inserted the following subsection–

“(1A)

Subsection (1) shall not apply to compensation awarded, or a compensatory award made, to a person in a case where he is regarded as unfairly dismissed by virtue of section 103A or 105(6A).”; and

(b)

as if, in section 117(6)f4–

(i)

after paragraph (b), the word “and” was omitted; and

(ii)

after paragraph (c), there was inserted

“and

(d)

a dismissal where the reason (or, if more than one, the principal reason)–

(i)

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

(ii)

otherwise, for the dismissal,

is that specified in section 103A.”.

Signature

Ian McCartney

Minister of State,

Department of Trade and Industry

5th June 1999

Explanatory note

(This note is not part of the Regulations)

These Regulations modify the application of provisions of the Employment Rights Act 1996 (“the 1996 Act”) to compensation awarded, or a compensatory award made, in cases where an employee has been dismissed, or selected for dismissal on the grounds of redundancy, because he made a protected disclosure.

Regulation 3 removes the monetary limit, which section 124(1) of the 1996 Act imposes on the amount of compensation which may be awarded and on the amount of a compensatory award. It provides for the payment of a higher additional award under section 117(3) of the 1996 Act.

A regulatory impact assessment has been prepared in relation to these Regulations and placed in the library of each House of Parliament. Copies of the assessment may be obtained from Employment Relations Directorate, Department of Trade and Industry, room 293, 1 Victoria Street, London SW1H 0ET.