Employment tribunal increases and statutory caps
With a number of changes coming into effect this April, we have pulled together this helpful guide to show the current limits and the increases for awards made by the employment tribunal, as well as the relevant employment statutory caps.
Basic award and redundancy
| From 6 April 2018 | From 6 April 2019 | |
|---|---|---|
| Statutory maximum week’s pay for calculating redundancy and unfair dismissal basic award | £508 | £525 |
| Maximum basic award for unfair dismissal and statutory redundancy payment (being 30 weeks’ pay, subject to the statutory cap on a week’s pay) | £15,240 | £15,750 |
Minimum basic award for dismissal on:
|
£6,203 | £6,408 |
Compensatory award
| From 6 April 2018 | From 6 April 2019 | |
|---|---|---|
| Maximum compensatory award for unfair dismissal (excluding some automatically unfair dismissals such as whistleblowing) | £83,682 | £86,444 |
| Maximum additional award for failure to comply with reinstatement or re-engagement order (being 26-52 weeks’ pay) | £13,208 – £26,416 | £13,650 – £27,300 |
| Minimum compensation for employees dismissed from trade union | £9,474 | £9,787 |
Statutory sick pay, flexible workings and family orientated payments
| From 6 April 2018 | From 6 April 2019 | |
|---|---|---|
| Employer breach of the flexible working regulations (capped at eight weeks’ pay at the statutory maximum amount). | £4,064 | £4,200 |
| Statutory maternity pay per week (after the first six weeks which is paid at 90% of an employee’s average weekly earnings).
Note: the same rates and time frame applies to statutory adoption pay. |
The lower of £145.18 or 90% of employee’s weekly earnings. | The lower of £146.68 or 90% of employee’s weekly earnings. |
| Statutory paternity pay per week for a period of no more than 2 weeks. | The lower of £145.18 or 90% of employee’s weekly earnings. | The lower of £146.68 or 90% of employee’s weekly earnings. |
| Statutory sick pay per week | £92.05 | £94.25 |
National minimum and national living wage (per hour)
| From 1 April 2018 | From 1 April 2019 | |
|---|---|---|
| Workers aged 25 and over (national living wage) | £7.83 | £8.21 |
| Workers aged 21-24 | £7.38 | £7.70 |
| Development rate for workers aged 18-20 | £5.90 | £6.15 |
| Young workers rate for workers aged 16-17 | £4.20 | £4.35 |
| Apprentice rate | £3.70 | £3.90 |
Please note, for clarification on the difference between the national minimum wage and the national living wage, ACAS provides that ‘The national minimum wage (NMW) is the minimum pay per hour most workers under the age of 25 are entitled to by law. The government’s national living wage (NLW) is the minimum pay per hour most workers aged 25 and over are entitled to by law. The rate will depend on a worker’s age and if they are an apprentice.’
Also note that the government’s national living wage should not be confused with the living wage set by the Living Wage Foundation, a campaigning organisation which promotes a voluntary minimum hourly rate of pay calculated according to the basic cost of living.
If you have any questions or need legal advice, contact our employment team on 01752 203500 or by filling in our contact form.
