Trade Union and Labour Relations (Consolidation) Act 1992

[F1 176 Remedies. E+W+S

(1) Where the [F2 employment tribunal]] finds a complaint under section 174 is well-founded, it shall make a declaration to that effect.

[F3 (1A) If a tribunal makes a declaration under subsection (1) and it appears to the tribunal that the exclusion or expulsion was mainly attributable to conduct falling within section 174(4A) it shall make a declaration to that effect.

(1B) If a tribunal makes a declaration under subsection (1A) and it appears to the tribunal that the other conduct to which the exclusion or expulsion was attributable consisted wholly or mainly of conduct of the complainant which was contrary to—

(a) a rule of the union, or

(b) an objective of the union,

it shall make a declaration to that effect.

(1C) For the purposes of subsection (1B), it is immaterial whether the complainant was a member of the union at the time of the conduct contrary to the rule or objective.

(1D) A declaration by virtue of subsection (1B)(b) shall not be made unless the union shows that, at the time of the conduct of the complainant which was contrary to the objective in question, it was reasonably practicable for that objective to be ascertained—

(a) if the complainant was not at that time a member of the union, by a member of the general public, and

(b) if he was at that time a member of the union, by a member of the union.]

F4 F4 (2) An individual whose complaint has been declared to be well-founded may make an application [F5 to an employment tribunal] for an award of compensation to be paid to him by the union.

(3) The application shall not be entertained if made—

(a) before the end of the period of four weeks beginning with the date of the declaration [F6 under subsection (1)], or

(b) after the end of the period of six months beginning with that date.

(4) The amount of compensation awarded shall, subject to the following provisions, be such as the [F2 employment tribunal]. . . considers just and equitable in all the circumstances.

(5) Where the [F2 employment tribunal]. . . finds that the exclusion or expulsion complained of was to any extent caused or contributed to by the action of the applicant, it shall reduce the amount of the compensation by such proportion as it considers just and equitable having regard to that finding.

(6) The amount of compensation calculated in accordance with subsections (4) and (5) shall not exceed the aggregate of—

(a) an amount equal to thirty times the limit for the time being imposed by [F7 section 227(1)(a) of the Employment Rights Act 1996] (maximum amount of a week’s pay for basic award in unfair dismissal cases), and

(b) an amount equal to the limit for the time being imposed by [F8 section 124(1)] of that Act (maximum compensatory award in such cases).

F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10 (6A) If on the date on which the application was made the applicant had not been admitted or re-admitted to the union, the award shall not be less than £5,900.

(6B) Subsection (6A) does not apply in a case where the tribunal which made the declaration under subsection (1) also made declarations under subsections (1A) and (1B).]

F11 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Ss. 174-177 and cross heading substituted (30.11.1993) by 1993 c. 19, s. 14; S.I. 1993/1908, art. 2(2), Sch. 2

F2 Words in s. 176 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

F3 S. 176(1A)-(1D) inserted (31.12.2004) by Employment Relations Act 2004 (c. 24), ss. 33(4), 59(2)-(4); S.I. 2004/3342, art. 4(a) (with arts. 6-12)

F4 Words in s. 176(2) repealed (31.12.2004) by Employment Relations Act 2004 (c. 24), ss. 34(8)(b), 57(2), 59(2)-(4), Sch. 2; S.I. 2004/3342, art. 4(a)(c) (with arts. 6-12)

F5 Words in s. 176(2) inserted (31.12.2004) by Employment Relations Act 2004 (c. 24), ss. 34(8)(a), 59(2)-(4); S.I. 2004/3342, art. 4(a) (with arts. 6-12)

F6 Words in s. 176(3)(a) inserted (31.12.2004) by Employment Relations Act 2004 (c. 24), ss. 33(5), 59(2)-(4); S.I. 2004/3342, art. 4(a) (with arts. 6-12)

F7 Words in s. 176(6)(a) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 56(13)(a) (with ss. 191-195, 202)

F8 Words in s. 176(6)(b) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 56(13)(b) (with ss. 191-195, 202)

F9 Words in s. 176(6) repealed (31.12.2004) by Employment Relations Act 2004 (c. 24), ss. 34(11), 57(2), 59(2)-(4), Sch. 2; S.I. 2004/3342, art. 4(a)(c) (with arts. 6-12)

F10 S. 176(6A)(6B) inserted (31.12.2004) by Employment Relations Act 2004 (c. 24), ss. 33(6), 59(2)-(4); S.I. 2004/3342, art. 4(a) (with arts. 6-12)

F11 S. 176(7) repealed (17.12.1999 subject to s. 36(3) of the amending Act) by 1999 c. 26, ss. 36(1)(3), 44, Sch. 9(10); S.I. 1999/3374, art. 2(b), Sch. (with art. 3)

F12 S. 176(8) repealed (17.12.1999 subject to s. 36(3) of the amending Act) by 1999 c. 26, ss. 36(1)(3), 44, Sch. 9(10); S.I. 1999/3374, art. 2(b), Sch. (with art. 3)

Modifications etc. (not altering text)

C1 S. 176: power to amend conferred (17.12.1999) by 1999 c. 26, s. 34(1)(g); S.I. 1999/3374, art. 2(a), Sch. (with art. 3)

C2 S. 176 extended (31.12.2004) by Employment Relations Act 2004 (c. 24), ss. 33(7), 59(2)-(4); S.I. 2004/3342, art. 4(a) (with arts. 6-12)