- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (07/06/2000)
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Version Superseded: 01/02/2001
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Trade Union and Labour Relations (Consolidation) Act 1992, Section 176 is up to date with all changes known to be in force on or before 05 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Where the [F2employment tribunal] finds a complaint under section 174 is well-founded, it shall make a declaration to that effect.
(2)An individual whose complaint has been declared to be well-founded may make an application for an award of compensation to be paid to him by the union.
The application shall be made to an [F2industrial tribunal] if when it is made the applicant has been admitted or re-admitted to the union, and otherwise to the Employment Appeal Tribunal.
(3)The application shall not be entertained if made—
(a)before the end of the period of four weeks beginning with the date of the declaration, or
(b)after the end of the period of six months beginning with that date.
(4)The amount of compensation awarded shall, subject to the following provisions, be such as the [F2employment tribunal] or the Employment Appeal Tribunal considers just and equitable in all the circumstances.
(5)Where the [F2employment tribunal] or Employment Appeal Tribunal finds that the exclusion or expulsion complained of was to any extent caused or contributed to by the action of the applicant, it shall reduce the amount of the compensation by such proportion as it considers just and equitable having regard to that finding.
(6)The amount of compensation calculated in accordance with subsections (4) and (5) shall not exceed the aggregate of—
(a)an amount equal to thirty times the limit for the time being imposed by [F3section 227(1)(a) of the Employment Rights Act 1996] (maximum amount of a week’s pay for basic award in unfair dismissal cases), and
(b)an amount equal to the limit for the time being imposed by [F4section 124(1)] of that Act (maximum compensatory award in such cases);
and, in the case of an award by the Employment Appeal Tribunal, shall not be less than [F5£5,300].
F6(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F1Ss. 174-177 and cross heading substituted (30.11.1993) by 1993 c. 19, s. 14; S.I. 1993/1908, art. 2(2), Sch. 2
F2Words in s. 176 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
F3Words in s. 176(6)(a) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 56(13)(a) (with ss. 191-195, 202)
F4Words in s. 176(6)(b) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 56(13)(b) (with ss. 191-195, 202)
F5Sum in s. 176(6) substituted (1.2.2000 with effect as mentioned in art. 4 of the amending S.I.) by S.I. 1999/3375, art. 3, Sch. (with art. 4) (which S.I. was revoked (1.2.2001) by S.I. 2001/21, art. 2 (with transitional provisions in art. 4))
F6S. 176(7) repealed (17.12.1999 subject to s. 36(3) of the amending Act) by 1999 c. 26, ss. 36(1)(3), 44, Sch. 9(10); S.I. 1999/3374, art. 2(b), Sch. (with art. 3)
F7S. 176(8) repealed (17.12.1999 subject to s. 36(3) of the amending Act) by 1999 c. 26, ss. 36(1)(3), 44, Sch. 9(10); S.I. 1999/3374, art. 2(b), Sch. (with art. 3)
Modifications etc. (not altering text)
C1S. 176: power to amend conferred (17.12.1999) by 1999 c. 26, s. 34(1)(g); S.I. 1999/3374, art. 2(a), Sch. (with art. 3)
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