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Employment Rights Act 1996, Section 112 is up to date with all changes known to be in force on or before 29 August 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)This section applies where, on a complaint under section 111, an [F1employment tribunal] finds that the grounds of the complaint are well-founded.
(2)The tribunal shall—
(a)explain to the complainant what orders may be made under section 113 and in what circumstances they may be made, and
(b)ask him whether he wishes the tribunal to make such an order.
(3)If the complainant expresses such a wish, the tribunal may make an order under section 113.
(4)If no order is made under section 113, the tribunal shall make an award of compensation for unfair dismissal (calculated in accordance with sections 118 to [F2126]F3. . .) to be paid by the employer to the employee.
[F4(5)F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]
Textual Amendments
F1Words in s. 112(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
F2Word in s. 112(4) substituted (1.10.2004) by Employment Act 2002 (c. 22), ss. 53, 55(2), Sch. 7 para. 36; S.I. 2004/2185, art. 2
F3Words in s. 112(4) repealed (25.10.1999) by 1999 c. 26, s. 44, Sch. 9(11); S.I. 1999/2830, art. 2(3), Sch. 2 Pt. I
F4S. 112(5)(6) inserted (1.10.2004) by Employment Act 2002 (c. 22), ss. 34(3), 55(2); S.I. 2004/1717, art. 2(2) (subject to art. 3)
F5S. 112(5)(6) omitted (6.4.2011) by virtue of The Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011 (S.I. 2011/1069), reg. 3(6) (with regs. 5-7, 9)
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