Tribunals

Tribunal Costs

The table below sets out the maximum amounts of monetary awards which can be made by employment tribunals where the appropriate date is on or after 6 April 2017.  The appropriate date is, in effect, the date of the event which gave rise to the complaint (e.g. in unfair dismissal cases it is the effective date of termination or in a case concerning expulsion from a trade union it is the date of the expulsion.

Monetary Limits

Type of Claim Maximum Award(limit on week’s pay) Relevant Statute ERA = Employment Rights Act
Unfair Dismissal
(i) basic award
(minimum where dismissal is for any of a number of specific reasons)
£14,670

(Limit on Week’s Pay £489)

 

£5,970

 

ERA 1996 s.118 & ERA 1996 s.227(1)(a)
ERA 1996 s.120 & Trade Union & Labour Relations (Consolidation) Act 1992 s. 156
(ii) compensatory award The lower of:
(i) £80,541; or
(ii) 52 weeks pay;
(save in certain circumstances)
ERA 1996 s.123 & ERA 1996 s.124(1)
(iii) additional award (where employer ignores a re-engagement/reinstatement order) Min – Lower of 26 weeks’ pay and £12,714
Max – 52 weeks’ pay up to £25,428 (Limit on Week’s Pay £489)
ERA 1996 s.117(3) & ERA 1996 s.227(1)(b)
Statutory Redundancy Pay £14,670
(Limit on Weeks’ Pay £489)
ERA 1996 s.1`62 & ERA 1996 s.227(1)(c)
Wrongful Refusal of Flexible Working Request £3,912
(i.e. £489 x 8)
Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002 SI 2002/3236 reg 7 & ERA 1996 s.227(1)(ZA)
Guarantee Payment £135
(Limit on Day’s Pay £27)
ERA 1996 s.31(1)
Insolvency of Employer (Gov’t guarantee)
(i) arrears of pay £3,912 (i.e. £489 x 8) ERA 1996 s.184(1)(a)
(ii) pay in lieu of statutory notice £5,848
(i.e. £489 x 12)
ERA 1996 s.184(1)(b)
(iii) holiday pay £2,934
(i.e. £489 x 6)
ERA 1996 s.184(1))(c)
(iv) unpaid basic award £14,670
(i.e. £489 x 30)
ERA 1996 s.184(1)(d)
Health & Safety Cases No limit ERA 1994 s.44, ERA 1996 s.100 & ERA 1996 s.105(3)
Race Discrimination No limit Race Relations Act 1976 s.56 & Race Relations (Remedies) Act 1994 s.1
Sex Discrimination No limit Sex Discrimination Act 1975 s.65 & Sex Discrimination and Equal Pay (Remedies) Regulations 1993, SI 1993/2798
Disability Discrimination No limit Disability Discrimination Act 1995 s.8
Whistleblowing No Limit ERA 1996 s.103 & ERA 1996 s.105 (6A) and Public Interest Disclosure (Compensation) Order 1999, SI 1999/1548
Unauthorised Deductions from Wages etc No limit ERA 1996 s.13 to ERA 1996 s.27
Exclusion/Expulsion from Trades Union

(minimum where employee not admitted – re- admitted)

£95,211
£9,118
Trade Union & Labour Relations (Consolidation) Act 1992 s.176(6)
Unfair Discipline by Trade Union £95,211 Trade Union & Labour Relations (Consolidation) Act 1992 s.67(8)
Refusal of Job Because of TU Membership £80,541 Trade Union & Labour Relations (Consolidation) Act 1992 s.140(4)
Inducements Relating to TU Membership or Activities £3,830 (fixed amount, subject to possible adjustment under Employment Act 2002) Trade Union & Labour Relations (Consolidation) Act 1992 s.145E (see Employment Relations Act 2004 s.29)
Consultation with union or training £978 Trade union & Labour Relations (Consolidation) Act 1992 s.145E (see Employment Relations Act 2004 s.29)
Right to be accompanied £978 Employment Relations Act 1999 s. 11(3)
Failure to Consult Employees re. Collective Redundancies (Protective Award) No cash limit (but must not exceed 90 days’ pay) Trade Union & Labour Relations (Consolidation) Act 1992 s.189(3) & (4)
Failure to Consult Employees re. a Business Transfer No cash limit (but must not exceed 13 weeks’ pay)TUPE regulations SI 2006/246 r. 16(3)
Contract Claim £25,000 (but no limit if the award is by a court rather than a tribunal) Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 SI 1994/1623 part 10)

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