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32.(1) If an order under Article 31 is made and the complainant is reinstated or, as the case may be, re-engaged but the terms of the order are not fully complied with, then, subject to Article 37, an industrial tribunal shall make an award of compensation, to be paid by the employer to the employee, of such amount as the tribunal thinks fit having regard to the loss sustained by the complainant in consequence of the failure to comply fully with the terms of the order. (2) Subject to paragraph (1), if an order under Article 31 is made but the complainant is not reinstated or, as the case may be, re-engaged in accordance with the order (a)the tribunal shall make an award of compensation for unfair dismissal, calculated in accordance with Articles 33 to 36, to be paid by the employer to the employee; and (b)unless the employer satisfies the tribunal that it was not practicable to comply with the order, the tribunal shall make an additional award of compensation to be paid by the employer to the employee of an amount (i)where the dismissal is of a description referred to in paragraph (3), not less than 26 or more than 52 weeks' pay, or (ii)in any other case, not less than 13 or more than 26 weeks' pay. (3) The descriptions of dismissal in respect of which an employer may incur a higher additional award in accordance with paragraph (2)(b)(i) are the following, that is to say, (a)a dismissal which is unfair by virtue of Article 22(4) or (6); (b)a dismissal which is an act of discrimination (within the meaning of the Sex Discrimination (Northern Ireland) Order 1976) which is unlawful by virtue of that Order. (4) Where in any case an employer has engaged a permanent replacement for a dismissed employee the tribunal shall not take that fact into account in determining, for the purposes of paragraph (2)(b) whether it was practicable to comply with the order for reinstatement or re-engagement unless the employer shows that it was not practicable for him to arrange for the dismissed employee's work to be done without engaging a permanent replacement. (5) If on a complaint under Article 29 the tribunal finds that the grounds of the complaint are well-founded, and no order is made under Article 31 the tribunal shall make an award of compensation for unfair dismissal, calculated in accordance with Articles 33 to 36, to be paid by the employer to the employee. (6) Where in any case the tribunal makes an award of compensation for unfair dismissal, calculated in accordance with Articles 33 to 36, and the tribunal finds that the complainant has unreasonably prevented an order under Article 31 from being complied with, it shall, without prejudice to the generality of Article 36(4), take that conduct into account as a failure on the part of the complainant to mitigate his loss. (7) For the purposes of Part II of Schedule 2 as it applies for the calculation of a week's pay for the purpose of paragraph (2)(b), the calculation date where the dismissal was with notice is the date on which the notice was given and in any other case the effective date of termination. (8) Notwithstanding anything in the said Part II, the amount of a week's pay for the purpose of calculating an additional award under paragraph (2)(b) shall not exceed [#130].
© 1976 Crown Copyright
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