Paragraph 13 I1

Section 49 (remedies) is amended as follows.

In subsection (1), for “or (1B)” substitute “, (1B) or (1BA)”.

After subsection (1A) insert—

“(1B)

Where an employment tribunal finds a complaint under section 48(1BB) 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 relevant person (within the meaning of section 47I) to the complainant in respect of the act or failure to act to which the complaint relates.”

In subsection (2), for “and (6)” substitute “, (6), (7) and (7A)”.

In that subsection, after “(7A)” insert “and (7B)”.

After subsection (7) insert—

“(7A)

Where—

(a)

the complaint is made under section 48(1BA),

(b)

the detriment to which the worker is subjected is the termination of the worker’s contract, and

(c)

that contract is not a contract of employment,

any compensation must not exceed the compensation that would be payable under Chapter 2 of Part 10 if the worker had been an employee and had been dismissed for a reason specified in section 104BA.”

After subsection (7A) (inserted by sub-paragraph (6)) insert—

“(7B)

Where—

(a)

the complaint is made under section 48(1BB),

(b)

the detriment to which the agency worker is subjected is the termination of a worker’s contract between the agency worker and the relevant person, and

(c)

that contract is not a contract of employment,

any compensation must not exceed the compensation that would be payable under Chapter 2 of Part 10 if the agency worker had been an employee and had been dismissed for a reason specified in section 104BB (and “agency worker” and “relevant person” have the same meaning in this subsection as in section 47I).”