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Contents

Legislation
Employment Rights Act 1996

Crossheading Compensation

  • Section 118 General.
  • Section 119 Basic award.
  • Section 120 Basic award: minimum in certain cases.
  • Section 121 Basic award of two weeks’ pay in certain cases.
  • Section 122 Basic award: reductions.
  • Section 123 Compensatory award.
  • Section 124 Limit of compensatory award etc.
  • Section 124A Adjustments under the Employment Act 2002
  • Section 125 Unfair dismissal
  • Section 126 Acts which are both unfair dismissal and discrimination.
  • Section 127 Unfair dismissal
  • Section 127A Internal appeal procedures.
  • Section 127B Unfair dismissal
  1. Compensation
  2. Basic award.

Section 119 | Basic award.

From legislation.gov.uk

(1)Subject to the provisions of this section, sections 120 to 122 and section 126, the amount of the basic award shall be calculated by—

(a)determining the period, ending with the effective date of termination, during which the employee has been continuously employed,

(b)reckoning backwards from the end of that period the number of years of employment falling within that period, and

(c)allowing the appropriate amount for each of those years of employment.

(2)In subsection (1)(c) “the appropriate amount” means—

(a)one and a half weeks’ pay for a year of employment in which the employee was not below the age of forty-one,

(b)one week’s pay for a year of employment (not within paragraph (a)) in which he was not below the age of twenty-two, and

(c)half a week’s pay for a year of employment not within paragraph (a) or (b).

(3)Where twenty years of employment have been reckoned under subsection (1), no account shall be taken under that subsection of any year of employment earlier than those twenty years.

(4)RepealedF1

(5)RepealedF1

(6)RepealedF2

Notes

  1. F1

    S. 119(4)(5) omitted (1.10.2006) by virtue of The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), regs. 1(1), 49(1), Sch. 8 para. 27(2) (with regs. 44-46)

  2. F2

    S. 119(6) repealed (15.12.1999) by 1999 c. 26, ss. 9, 44, Sch. 4 Pt. III para. 23, Sch. 9(2); S.I. 1999/2830, art. 2(2)(3), Sch. 1 Pt. II, Sch. 2 Pt. II (with Sch. 3 paras. 10, 11)

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