Trade Union and Labour Relations (Consolidation) Act 1992

155 Matters to be disregarded in assessing contributory fault. E+W+S

(1) Where an [F1 employment tribunal] makes an award of compensation for unfair dismissal in a case where the dismissal is unfair by virtue of section 152 or 153, the tribunal shall disregard, in considering whether it would be just and equitable to reduce, or further reduce, the amount of any part of the award, any such conduct or action of the complainant as is specified below.

(2) Conduct or action of the complainant shall be disregarded in so far as it constitutes a breach or proposed breach of a requirement—

(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,F2 . . .

(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 [F3 , or

(d) not to make use of services made available by any trade union or by a particular trade union or by one of a number of particular trade unions.]

For the purposes of this subsection a requirement means a requirement imposed on the complainant by or under an arrangement or contract of employment or other agreement.

[F4 (2A) Conduct or action of the complainant shall be disregarded in so far as it constitutes acceptance of or failure to accept an offer made in contravention of section 145A or 145B.]

(3) Conduct or action of the complainant shall be disregarded in so far as it constitutes a refusal, or proposed refusal, to comply with a requirement of a kind mentioned in section 152(3)(a) (payments in lieu of membership) or an objection, or proposed, objection, (however expressed) to the operation of a provision of a kind mentioned in section 152(3)(b) (deductions in lieu of membership).

Textual Amendments

F1 Words in s. 155(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

F2 Word in s. 155(2)(b) repealed (1.10.2004) by Employment Relations Act 2004 (c. 24), ss. 57(1)(2), 59(2)-(4), Sch. 1 para. 11(2), Sch. 2; S.I. 2004/2566, art. 3(b)(c) (with arts. 4-8)

F3 S. 155(2)(d) and preceding word inserted (1.10.2004) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59(2)-(4), Sch. 1 para. 11(2); S.I. 2004/2566, art. 3(b) (with arts. 4-8)

F4 S. 155(2A) inserted (1.10.2004) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59(2)-(4), Sch. 1 para. 11(3); S.I. 2004/2566, art. 3(b) (with arts. 4-8)

Modifications etc. (not altering text)

C1 S. 155 excluded (E.W.) (21.5.2001) by S.I. 2001/1185, art. 2, Sch. paras. 131, 139