301.When it makes a finding of unfair dismissal an employment tribunal may make a re-employment order. If this is not complied with, the tribunal will award compensation in the normal manner and will also normally make an additional award of 13-26 weeks’ pay or, if the dismissal involves discrimination on the grounds of sex, race or disability, 26-52 weeks’ pay. In certain types of unfair dismissal a special award is made instead of an additional award and may be awarded even if re-employment is not ordered (provided the employee has asked for an order). The types of unfair dismissal for which a special award may be made are when employees have been dismissed because of their membership or non-membership of a trade union, or because of their trade union activities, or because of certain activities as an employee representative or occupational pension scheme trustee, or because they have taken certain types of action on health and safety grounds. This section simplifies the current arrangements by replacing the special awards with additional awards.
302.Subsection (1) repeals the special award provisions contained in sections 117(4)(b), 118(2) and (3) and 125 of the 1996 Act and sections 157 and 158 of the 1992 Act. Subsection (2) provides that the additional award will consist of 26-52 weeks’ pay.
Commentary on Sections Miscellaneous Section 33: Unfair dismissal: special and additional awards