Section 124 — Employment Rights Act 1996: Limit of compensatory award etc.

Limit of compensatory award etc. 124 1 The amount of—

a any compensation awarded to a person under section 117(1) and (2), or b a compensatory award to a person calculated in accordance with section 123, shall not exceed the amount specified in subsection (1ZA) . 1ZA The amount specified in this subsection is the lower of—

a £123,543 , and b 52 multiplied by a week’s pay of the person concerned. 1A Subsection (1) shall not apply to compensation awarded, or a compensatory award made, to a person in a case where he is regarded as unfairly dismissed by virtue of section 100, 103A, 105(3) or 105(6A). 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 In the case of compensation awarded to a person under section 117(1) and (2), the limit imposed by this section may be exceeded to the extent necessary to enable the award fully to reflect the amount specified as payable under section 114(2)(a) or section 115(2)(d).

4 Where—

a a compensatory award is an award under paragraph (a) of subsection (3) of section 117, and b an additional award falls to be made under paragraph (b) of that subsection, the limit imposed by this section on the compensatory award may be exceeded to the extent necessary to enable the aggregate of the compensatory and additional awards fully to reflect the amount specified as payable under section 114(2)(a) or section 115(2)(d).

5 The limit imposed by this section applies to the amount which the employment tribunal would, apart from this section, award in respect of the subject matter of the complaint after taking into account—

a any payment made by the respondent to the complainant in respect of that matter, and b any reduction in the amount of the award required by any enactment or rule of law.