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 1 February 2012. 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 | £12,900 (Limit on Week's Pay £430) |
ERA 1996 s.118 & ERA 1996 s.227(1)(a) |
| (ii) compensatory award (see note above) | £72,300 (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 £11,180 Max - 52 weeks' pay up to £22,360 Limit on Week's Pay £430) |
ERA 1996 s.117(3) & ERA 1996 s.227(1)(b) |
| Statutory Redundancy Pay | £12,900 (Limit on Weeks' Pay £400) |
ERA 1996 s.1`62 & ERA 1996 s.227(1)(c) |
| Wrongful Refusal of Flexible Working Request | £3,440 (i.e. £430 x 8) |
Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002 SI 2002/3236 reg 7 & ERA 1996 s.227(1)(ZA) |
| Guarantee Payment | £117.50 (Limit on Day's Pay £23.50) |
ERA 1996 s.31(1) |
| Insolvency of Employer (Gov’t guarantee) | ||
| (i) arrears of pay | £3,200 (i.e. £430 x 8) |
ERA 1996 s.184(1)(a) |
| (ii) pay in lieu of statutory notice | £4,800 (i.e. £430 x 12) |
ERA 1996 s.184(1)(b) |
| (iii) holiday pay | £2,400 (i.e. £430 x 6) |
ERA 1996 s.184(1)(c) |
| (iv) unpaid basic award | £12,900 (i.e. £430 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 | £85,200 | Trade Union & Labour Relations (Consolidation) Act 1992 s.176(6) |
| Unfair Discipline by Trade Union | £85,200 | Trade Union & Labour Relations (Consolidation) Act 1992 s.67(8) |
| Refusal of Job Because of TU Membership | £72,300 | Trade Union & Labour Relations (Consolidation) Act 1992 s.140(4) |
| Inducements Relating to TU Membership or Activities | £3,300 (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 | £860 | Trade union & Labour Relations (Consolidation) Act 1992 s.145E (see Employment Relations Act 2004 s.29) |
| Right to be accompanied | £860 | Employmnet 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 art 10) |
