Part IIIE+W+S Rights in relation to union membership and activities

DismissalE+W+S

157 Special award of compensation.E+W+S

(1)Where an industrial tribunal makes an award of compensation for unfair dismissal in a case where the dismissal is unfair by virtue of section 152(1) or 153, then, unless—

(a)the complaint does not request the tribunal to make an order for reinstatement or re-engagement, or

(b)the case falls within section 73(2) of the Employment Protection (Consolidation) Act 1978 (cases where employer takes requisite steps to renew employment or re-engage employee),

the award shall include a special award calculated in accordance with section 158.

(2) Section 71(2)(b) of the Employment Protection (Consolidation) Act 1978 (additional award of compensation in case of failure to comply with an order for reinstatement or re-engagement) does not apply in a case where the dismissal is unfair by virtue of section 152(1) or 153.