Section 27BU RemediesF1

(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.

Annotations

Textual amendments

F1: Pt. 2A Ch. 4 inserted (6.1.2026 for specified purposes) by Employment Rights Act 2025 (c. 36), ss. 3, 159(3); S.I. 2026/3, reg. 2(2)(c)

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)