Explanatory note

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.