OpenLegislation

Paragraph 160

(1)

If the industrial 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 Article 153 of the Employment Rights Order, 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 Article 158 of that Order which is the limit for a compensatory award to a person calculated in accordance with Article 157 of that Order.

Notes on the whole Order

Textual amendments

F1

functions transf. by SR 1999/481

Notes on Schedule 1A

Textual amendments

F1

1999 NI 9