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166. With the exception of:
(i)cases falling within sections 100 or 105(3) (Health and Safety Cases) of the Employment Rights Act 1996, as amended from time to time; and
(ii)cases where the reason (or, if more than one, the principal reason):
(a)in a redundancy case, for selecting the Employee for dismissal; or
(b)otherwise for the dismissal,
was that the Employee made a protected disclosure (within the meaning of Part IVA of the Employment Rights Act 1996, as amended from time to time); and
(iii)cases falling within any other exception to the statutory limit,
no compensatory amount awarded by an arbitrator shall exceed the statutory limit provided for in section 124(1) of the Employment Rights Act 1996, as amended from time to time.
167. The limit referred to above applies to the amount which the arbitrator would award (apart from paragraph 166 above) in respect of the subject matter of the complaint, after taking into account:
(i)any payment made by the Employer to the Employee in respect of that matter, and
(ii)any reduction in the amount of the award required by any enactment or rule of law.
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