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The Employment Rights (Northern Ireland) Order 1996
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Changes over time for: Section 154
Alternative versions:
- 01/01/2006- Amendment
- 26/03/2006- Amendment
- 01/10/2006- Amendment
- 04/02/2007- Amendment
- 02/03/2008- Amendment
- 15/02/2009- Amendment
- 13/02/2011- Amendment
- 06/04/2011- Amendment
- 04/03/2012- Amendment
- 10/02/2013- Amendment
- 16/02/2014- Amendment
- 06/04/2014- Amendment
- 22/03/2015- Amendment
- 14/02/2016- Amendment
- 06/04/2018- Amendment
- 06/04/2019- Amendment
- 06/04/2020- Amendment
- 06/04/2021- Amendment
- 06/04/2022- Amendment
- 06/04/2023- Amendment
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There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Employment Rights (Northern Ireland) Order 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Article 154:
- art.126-169 (Pt.1) (defn. of dismissal) applied by 1998 c. 39 s.23(4) (This amendment not applied to legislation.gov.uk. Pre-2006 basedate NI non-textual amendment)
- art. 154(1) sum substituted by S.R. 2024/86 Sch. art. 3
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
- Act applied with modifications by S.R. 2023/156 reg. 15
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Pt. 7A inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 1
- Ch. 5 inserted by 2022 c. 27 (N.I.) s. 1(1)
- art. 21(4B) inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 2
- art. 23(1)(zza) inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 3
- art. 70F inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 4
- art. 70G inserted by 2020 c. 7 Sch. 7 para. 20
- art. 71(1C) inserted by 2020 c. 7 Sch. 7 para. 21(a)
- art. 72(8) inserted by 2020 c. 7 Sch. 7 para. 22(b)
- art. 85ZS(3)(a)-(c) substituted for words by 2022 c. 18 (N.I.) Sch. 3 para. 47(4)
- art. 95F(5A) inserted by 2016 c. 15 (N.I.) Sch. 2 para. 32
- art. 135E inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 6
- art. 135G inserted by 2020 c. 7 Sch. 7 para. 25
- art. 137(6D) inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 7
- art. 137(7N) inserted by 2020 c. 7 Sch. 7 para. 26(b)
- art. 140(3)(fj) inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 8
- art. 140(3)(fl) inserted by 2020 c. 7 Sch. 7 para. 27
- art. 143(2)(ddd) inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 9
- art. 144(2)(ddd) inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 10
Basic award: minimum in certain casesN.I.
154.—(1) The amount of the basic award (before any reduction under Article 156) shall not be less than [F1£8,139] where the reason (or, if more than one, the principal reason)—
(a)in a redundancy case, for selecting the employee for dismissal, or
(b)otherwise, for the dismissal,
is one of those specified in Article 132(1)(a) and (b),[F2 132A(d),] 133(1), 134 or 136(1).
[F3(1A) Where—
(a) an employee is regarded as unfairly dismissed by virtue of Article F4 . . . 130A(1) (whether or not his dismissal is unfair or regarded as unfair for any other reason),
(b)an award of compensation falls to be made under Article 146(4), and
(c)the amount of the award under Article 152(1)(a), before any reduction under Article 156(3A) or (4), is less than the amount of four weeks' pay,
the industrial tribunal shall, subject to paragraph (1B), increase the award under Article 152(1)(a) to the amount of four weeks' pay.
(1B) An industrial tribunal shall not be required by paragraph (1A) to increase the amount of an award if it considers that the increase would result in injustice to the employer.]
[F5(1C) Where an employee is regarded as unfairly dismissed by virtue of Article 135F (blacklists) (whether or not the dismissal is unfair or regarded as unfair for any other reason), the amount of the basic award of compensation (before any reduction is made under Article 156) shall not be less than £5,700.]
Para. (2) rep. by 1999 NI 9
F1Sum in art. 154(1) substituted (6.4.2023) by The Employment Rights (Increase of Limits) Order (Northern Ireland) 2023 (S.R. 2023/36), art. 1(1), Sch.
F2SR 1998/386
F4Words in art. 154(1A)(a) omitted (6.4.2011) by virtue of Employment Equality (Repeal of Retirement Age Provisions) Regulations (Northern Ireland) 2011 (S.R. 2011/168), reg. 3(7) (with regs. 4, 5, 7)
F5Art. 154(1C) inserted (6.4.2014) by The Employment Relations (Northern Ireland) Order 1999 (Blacklists) Regulations (Northern Ireland) 2014 (S.R. 2014/88), regs. 1, 12(6)
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