Part III Rights in relation to union membership and activities

Right to membership of trade union

F1176Remedies.

(1)

Where the F2employment 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 F4a person working in the same trade, industry or profession as the complainant, and

(b)

if he was at that time a member of the union, by a member of the union.

(2)

An individual whose complaint has been declared to be well-founded may make an application F5to an employment tribunal for an award of compensation to be paid to him by the union.

F6...

(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 F7under 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 F2employment tribunal F8... considers just and equitable in all the circumstances.

(5)

Where the F2employment tribunal F9. . . 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 F10section 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 F11section 124(1) of that Act (maximum compensatory award in such cases).

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F13(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 F14£13,032.

(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).

F15(7)

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F16(8)

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