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Paragraph 160 C1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

If the employment tribunal finds that a complaint under paragraph 156 is well-founded and—

(a)

the detriment of which the worker has complained is the termination of his worker’s contract, but

(b)

that contract was not a contract of employment,

any compensation awarded under paragraph 159 must not exceed the limit specified in sub-paragraph (2).

(2)

The limit is the total of—

(a)

the sum which would be the basic award for unfair dismissal, calculated in accordance with section 119 of the Employment Rights Act 1996, if the worker had been an employee and the contract terminated had been a contract of employment, and

(b)

the sum for the time being specified in section 124(1) of that Act which is the limit for a compensatory award to a person calculated in accordance with section 123 of that Act.

Annotations

Modifications

C1

Sch. A1 para. 160 modified (6.6.2000) by S.I. 2000/1338, art. 3(1)(a)

Notes on Schedule A1

Textual amendments

F1

Sch. A1 (paras. 1-173) inserted (6.6.2000) by 1999 c. 26, s. 1(3), Sch. 1; S.I. 2000/1338, art. 2(d)

Modifications

C1

Sch. A1 (paras. 1-173) applied (14.8.2000) by S.I. 2000/1282, art. 2(5)(a)

C2

Sch. A1 modified (temp. from 6.4.2005) by The Employment Relations Act 2004 (Commencement No.3 and Transitional Provisions) Order 2005 (S.I. 2005/872), arts. 4, 21, Sch. (with arts. 6-21)