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Section 27BO RemediesF1

(1)

Where an employment tribunal finds a complaint under section 27BN well-founded, the tribunal—

(a)

must make a declaration to that effect, and

(b)

may make an award of compensation to be paid by the employer to the worker.

(2)

The amount of compensation under subsection (1)(b) in relation to a complaint is to be such amount, not exceeding the specified amount, as the tribunal considers just and equitable in all the circumstances to compensate the worker for any financial loss sustained by the worker which is attributable to the matter complained of.

(3)

In ascertaining the financial loss sustained, the tribunal must apply the same rule concerning the duty of a person to mitigate their loss as applies to damages recoverable under the common law of England and Wales or (as the case may be) Scotland.

Annotations

Textual amendments

F1

Pt. 2A Ch. 3 inserted (6.1.2026 for specified purposes) by Employment Rights Act 2025 (c. 36), ss. 2, 159(3); S.I. 2026/3, reg. 2(2)(b)

Notes on the whole Act

Textual amendments

F1

Part 2B heading and s. 27C inserted (E.W.S.) (31.7.2023 for specified purposes, 1.10.2024 in so far as not already in force) by Employment (Allocation of Tips) Act 2023 (c. 13), ss. 1, 14(2); S.I. 2023/876, reg. 3(a); S.I. 2024/829, reg. 3(a)

Notes on Part 2A

Textual amendments

F1

Pt. 2A (ss. 27A, 27B) inserted (26.5.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 153(2), 164(1) (with s. 153(2)); S.I. 2015/1329, reg. 2(g)

F2

Words in Pt. 2A heading inserted (6.1.2026 for specified purposes) by Employment Rights Act 2025 (c. 36), ss. 1(2), 159(3); S.I. 2026/3, reg. 2(2)(a)