308.This section provides that no monetary limit will apply to the compensation payable where an employee is unfairly dismissed or selected for redundancy for reasons connected with health and safety matters (see section 100 of the 1996 Act) or public interest disclosure (‘whistleblowing’ - see section 103A, inserted in the 1996 Act by section 5 of the Public Interest Disclosure Act 1998, which came into force on 2 July 1999). Subsection (2) therefore repeals the power in section 127B of the 1996 Act (inserted by section 8 of the Public Interest Disclosure Act 1998) to provide in regulations for the calculation of compensation in the case of whistleblowing. The regulations made under that power (SI 1999/1548) will therefore fall.
Commentary on Sections Miscellaneous Section 37: Compensatory award etc: removal of limit in certain cases