The Liability of Trade Unions in Proceedings in Tort (Increase of Limits on Damages) Order 2022

JurisdictionUK Non-devolved
CitationSI 2022/699

2022 No. 699

Trade Unions

The Liability of Trade Unions in Proceedings in Tort (Increase of Limits on Damages) Order 2022

Made 22th June 2022

Laid before Parliament 24th June 2022

Coming into force 21th July 2022

The Secretary of State, in exercise of the powers conferred by section 22(3) of the Trade Union and Labour Relations (Consolidation) Act 19921, makes the following Order.

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) This Order may be cited as the Liability of Trade Unions in Proceedings in Tort (Increase of Limits on Damages) Order 2022.

(2) This Order shall come into force on 21st July 2022.

(3) This Order extends to England and Wales and Scotland only.

S-2 Increase of the limits on the amount which may be awarded against a trade union

Increase of the limits on the amount which may be awarded against a trade union

2.—(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with paragraph (2).

(2) In section 22(2) (Limit on damages awarded against trade unions in actions in tort), in the second column of the table—

(a)

(a) for “£10,000”, substitute “£40,000”;

(b)

(b) for “£50,000”, substitute “£200,000”;

(c)

(c) for “£125,000”, substitute “£500,000”; and

(d)

(d) for “£250,000”, substitute “£1,000,000”.

S-3 Transitional provision

Transitional provision

3. The amendments made in Article 2 do not have effect in relation to any proceedings in tort2the subject of which is an act3that began or occurred before 21st July 2022.

Kwasi Kwarteng

Secretary of State for Business, Energy and Industrial Strategy

Department for Business, Energy and Industrial Strategy

22nd June 2022

EXPLANATORY NOTE

(This note is not part of the Order)

This Order increases, from 21st July 2022, the limits on the maximum award of damages which may be made against a trade union in proceedings in tort where section 22 of the Trade Union and Labour Relations (Consolidation) Act 1992 (“the 1992 Act”) applies, as specified in Article 2.

The limits set out in section 22(2) of the 1992 Act were originally set out in the now repealed Employment Act 1982 (section 16).

Under section 22(3) of the 1992 Act, the Secretary of State may by order vary the sums specified in this section. This Order increases the sums to amounts which take into account changes in the retail prices index which have occurred since the maximum amounts were set in the Employment Act...

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