Employment Act 1982

6 Reduction of compensation: matters to be disregarded

After section 72 of the 1978 Act there shall be inserted the following section—

“72A Reduction of compensation : matters to be disregarded.

(1) This section applies in any case where a tribunal makes an award of compensation for unfair dismissal under section 68(2) or 71(2)(a) and the dismissal is to be regarded as unfair by virtue of section 58 or 59(a).

(2) In such a case the tribunal, in considering whether it would be just and equitable to reduce, or further reduce, the amount of any part of the award, shall disregard any conduct or action of the complainant in so far as it constitutes—

(a) a breach, or proposed breach, of any requirement falling within subsection (3);

(b) a refusal, or proposed refusal, to comply with a requirement of a kind mentioned in section 58 (13) (a); or

(c) an objection, or proposed objection, (however expressed) to the operation of a provision of a kind mentioned in section 58(13)(b).

(3) A requirement falls within this subsection if it is imposed on the complainant in question by or under any arrangement or contract of employment or other agreement and requires him—

(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.”.