OpenLegislation

Paragraph 162 I1

England, Wales and Scotland

Where an award of compensation is to be made, and the arbitrator finds that:

(i)

the Employer provided a procedure for appealing against dismissal; and

(ii)

the Employee was, at the time of the dismissal or within a reasonable period afterwards, given written notice stating that the Employer provided the procedure and including details of it; but

(iii)

the Employee did not appeal against the dismissal under the procedure (otherwise than because the Employer prevented him or her from doing so),

the arbitrator shall reduce the compensatory amount included in an award of compensation by such amount (if any) as he or she considers just and equitable.

Annotations

Commencement

I1

Sch. para. 162 in force at 6.4.2004, see art. 1(1)