Tribunal awards & redundancy pay

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Statutory rates & limits

TRIBUNAL AWARDS Type of Payment	MAXIMUM COMPENSATION – From 1 Feb 2010	MAXIMUM COMPENSATION – From 1 Oct 2009
Limit on a week’s pay (gross) e.g. statutory redundancy pay	£380	£380
Unfair dismissal basic award	£11,400 (20 x 380 x 1.5) i.e. 20 years service for those aged 41 and over (1)	£11,400 (20 x 380 x 1.5) i.e. 20 years service for those aged 41 and over (1)
Statutory redundancy payment	£11,400 (20 x 380 x 1.5) i.e. 20 years service for those aged 41 and over	£11,400 (20 x 380 x 1.5) i.e. 20 years service for those aged 41 and over
Unfair dismissal compensatory award	£65,300 (2)	£66,200 (2)*
Unfair dismissal additional award (Failure to comply with an order for re-instatement or re-engagement)	52 weeks’ pay, up to £19,760 (Minimum lower of 26 weeks’ pay or £9,880)	52 weeks’ pay, up to £19,760 (Minimum lower of 26 weeks’ pay or £9,880)
Guarantee pay limit for a day’s pay during short-time or temporary lay off	£21.50 a day (subject to a maximum of 5 days or £107.50 in any 3 months)	£21.50 a day (subject to a maximum of 5 days or £107.50 in any 3 months)
Breach of right to be accompanied	2 weeks’ pay, up to £760	2 weeks’ pay, up to £760
Breach of contract cases heard in the employment tribunal (not civil courts)	£25,000	£25,000
Failure to inform or consult over collective redundancy	90 days’ actual pay	90 days’ actual pay
Failure to inform or consult over a TUPE transfer	13 weeks’ actual pay	13 weeks’ actual pay
Failure to give statement of employment particulars	4 weeks’ pay, up to £1,520 (minimum 2 weeks’ pay, up to £760)	4 weeks’ pay, up to £1,520 (minimum 2 weeks’ pay, up to £760)
Breach of flexible working regulations	8 weeks’ pay (up to £3,040)	8 weeks’ pay (up to £3,040)
Discrimination Race, sex, disability, sexual orientation, religion or belief and age.*	No Limit * Compensation for injury to feelings can be awarded for discrimination.	No Limit * Compensation for injury to feelings can be awarded for discrimination.

Notes

1. There is a minimum award (£4,700 currently) in exceptional cases – where the reason or principal reason for dismissal is trade union membership or activities; activities as a health and safety representative; duties as an occupational pension scheme trustee; functions or activities as an employee representative; or working time grounds.

2. There is no limit on the compensatory award for unfair dismissal where the reason or principal reason for dismissal/selection for redundancy is:
• For reasons connected with health and safety
• That the employee made a protected disclosure (whistleblowing)

*Applies to dismissal between 1 February 2009 and 31 January 2010.

NATIONAL MINIMUM WAGE	Rates applicable from 1 October 2009	Rates applicable from 1 October 2008
Age 16 - 17	£3.57	£3.53
Age 18 - 21	£4.83	£4.77
Age 22 or over	£5.80	£5.73
Accommodation off-set (maximum deduction per day from NMW where employer provides accommodation)	£4.51	£4.46

FAMILY FRIENDLY RATES (per week)	*AMOUNT PER WEEK (from 4 April 2010)**	AMOUNT *PER WEEK (since 6 April 2009)**
Statutory maternity pay	£124.88	£123.06
Statutory paternity pay	£124.88	£123.06
Statutory adoption pay	£124.88	£123.06
	AMOUNT PER WEEK (from 6 April 2010)	AMOUNT PER WEEK (since 6 April 2009)
STATUTORY SICK PAY (per week)	£79.15	£79.15

Notes

* (or 90% of normal weekly earnings if lower)