Trade Union and Labour Relations (Consolidation) Act 1992

67 Further remedies for infringement of right. E+W+S

(1) An individual whose complaint under section 66 has been declared to be well-founded may make an application [F1 to an employment tribunal] for one or both of the following—

(a) an award of compensation to be paid to him by the union;

(b) an order that the union pay him an amount equal to any sum which he has paid in pursuance of any such determination as is mentioned in section 64(2)(b).

(2) F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) An application under this section shall not be entertained if made before the end of the period of four weeks beginning with the date of the declaration or after the end of the period of six months beginning with that date.

(4) F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The amount of compensation awarded shall, subject to the following provisions, be such as the F3 . . . [F4 employment tribunal] considers just and equitable in all the circumstances.

(6) In determining the amount of compensation to be awarded, the same rule shall be applied concerning the duty of a person to mitigate his loss as applies to damages recoverable under the common law in England and Wales or Scotland.

(7) Where the F3 . . . [F4 employment tribunal] finds that the infringement 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.

(8) The amount of compensation [F5 calculated in accordance with subsections (5) to (7)] shall not exceed the aggregate of—

(a) an amount equal to 30 times the limit for the time being imposed by [F6 section 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 [F7 section 124(1)] of that Act (maximum compensatory award in such cases);

F8 . . . .

[F9 (8A) If on the date on which the application was made—

(a) the determination infringing the applicant’s right not to be unjustifiably disciplined has not been revoked, or

(b) the union has failed to take all the steps necessary for securing the reversal of anything done for the purpose of giving effect to the determination,

the amount of compensation shall be not less than the amount for the time being specified in section 176(6A).]

F10 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in s. 67(1) inserted (31.12.2004) by Employment Relations Act 2004 (c. 24), ss. 34(2), 59(2)-(4); S.I. 2004/3342, art. 4 (with arts. 6-12)

F2 S. 67(2)(4) repealed (31.12.2004) by Employment Relations Act 2004 (c. 24), ss. 34(3), 57(2), 59(2)-(4), Sch. 2; S.I. 2004/3342, art. 4 (with arts. 6-12)

F3 Words in s. 67(5)(7) repealed (31.12.2004) by Employment Relations Act 2004 (c. 24), ss. 34(4), 57(2), 59(2)-(4), Sch. 2; S.I. 2004/3342, art. 4 (with arts. 6-12)

F4 Words in s. 67 substituted (1.8.1998) by 1998 c. 8, s. 1(2) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F5 Words in s. 67(8) substituted (30.11.1993) by 1993 c. 19, s. 49(2), Sch. 8 para. 51(a)(i); S.I. 1993/1908, art. 2(2), Sch. 2

F6 Words in s. 67(8)(a) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 56(2)(a) (with ss. 191-195, 202)

F7 Words in s. 67(8)(b) substituted (22.8.1996) by 1996 c. 18, ss. 230, 243, Sch. 1 para. 56(2)(b) (with ss. 191-195, 202)

F8 Words in s. 67(8) repealed (31.12.2004) by Employment Relations Act 2004 (c. 24), ss. 34(4), 57(2), 59(2)-(4), Sch. 2; S.I. 2004/3342, art. 4 (with arts. 6-12)

F9 S. 67(8A) inserted (31.12.2004) by Employment Relations Act 2004 (c. 24), ss. 34(6), 59(2)-(4); S.I. 2004/3342, art. 4 (with arts. 6-12)

F10 S. 67(9) repealed (30.11.1993) by 1993 c. 19, ss. 49(2), 51, Sch. 8 para. 51(b), Sch. 10; S.I. 1993/1908, art. 2(2), Sch. 2