155 Matters to be disregarded in assessing contributory fault.E+W+S
(1)Where an [F1employment tribunal] makes an award of compensation for unfair dismissal in a case where the dismissal is unfair by virtue of section 152 or 153, the tribunal shall disregard, in considering whether it would be just and equitable to reduce, or further reduce, the amount of any part of the award, any such conduct or action of the complainant as is specified below.
(2)Conduct or action of the complainant shall be disregarded in so far as it constitutes a breach or proposed breach of a requirement—
(a)to be or become a member of any trade union or of a particular trade union or of one of a number of particular trade unions,
(b)to cease to be, or refrain from becoming, a member of any trade union or of a particular trade union or of one of a number of particular trade unions, or
(c)not to take part in the activities of any trade union or of a particular trade union or of one of a number of particular trade unions.
For the purposes of this subsection a requirement means a requirement imposed on the complainant by or under an arrangement or contract of employment or other agreement.
(3)Conduct or action of the complainant shall be disregarded in so far as it constitutes a refusal, or proposed refusal, to comply with a requirement of a kind mentioned in section 152(3)(a) (payments in lieu of membership) or an objection, or proposed, objection, (however expressed) to the operation of a provision of a kind mentioned in section 152(3)(b) (deductions in lieu of membership).
Textual Amendments
F1Words in s. 155(1) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
Modifications etc. (not altering text)
C1S. 155 excluded (E.W.) (21.5.2001) by S.I. 2001/1185, art. 2, Sch. paras. 131, 139