Section 27BU — Employment Rights Act 1996: Remedies

Remedies 27BU 1 Where an employment tribunal finds a complaint under section 27BT(1)(a) well-founded, the tribunal must—

a make a declaration to that effect, and b order the employer to pay to the worker the amount of the payment under section 27BP(1) which it finds is due to the worker.

2 Where an employment tribunal finds a complaint under section 27BT(1)(b) or (c) well-founded, the tribunal—

a must make a declaration to that effect, and b may order the employer to make a payment to the worker of such amount, not exceeding the specified amount, as the tribunal considers just and equitable in all the circumstances.

3 But an employment tribunal may not make an order under subsection (2)(b) relating to a notice given in purported compliance with section 27BR(2) if the tribunal makes an order under subsection (1)(b) relating to the same payment to which the notice related.

4 In determining—

a whether to make an order under subsection (2)(b),

and b if so, how much to order the employer to pay, an employment tribunal must have regard, in particular, to the seriousness of the matter complained of.