(1)The amount of the compensation awarded by a tribunal on a complaint under section 24 shall be such amount as the tribunal considers just and equitable in all the circumstances having regard to the infringement of the complainant’s right under section 23 by the employer’s action complained of and to any loss sustained by the complainant which is attributable to that action.
(2)The said loss shall be taken to include—
(a)any expenses reasonably incurred by the complainant in consequence of the action complained of, and
(b)loss of any benefit which he might reasonably be expected to have had but for that action.
(3)In ascertaining the said loss the tribunal shall apply the same rule concerning the duty of a person to mitigate his loss as applies to damages recoverable under the common law of England and Wales or of Scotland, as the case may be.
(4)In determining the amount of compensation to be awarded under subsection (1), no account shall be taken of any pressure as is referred to in section 25(2), and that question shall be determined as if no such pressure had been exercised.
(5)Where the tribunal finds that the action complained of was to any extent caused or contributed to by any action of the complainant it shall reduce the amount of the compensation by such proportion as it considers just and equitable having regard to that finding.