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Version Superseded: 31/12/2004
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Trade Union and Labour Relations (Consolidation) Act 1992, Section 67 is up to date with all changes known to be in force on or before 23 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)An individual whose complaint under section 66 has been declared to be well-founded may make an application for one or both of the following—
(a)an award of compensation to be paid to him by the union;
(b)an order that the union pay him an amount equal to any sum which he has paid in pursuance of any such determination as is mentioned in section 64(2)(b).
(2)An application under this section shall be made to the Employment Appeal Tribunal if, when it is made—
(a)the determination infringing the applicant’s right not to be unjustifiably disciplined has not been revoked, or
(b)the union has failed to take all the steps necessary for securing the reversal of anything done for the purpose of giving effect to the determination;
and in any other case it shall be made to an [F1employment tribunal].
(3)An application under this section shall not be entertained if made before the end of the period of four weeks beginning with the date of the declaration or after the end of the period of six months beginning with that date.
(4)Where the Employment Appeal Tribunal or [F1employment tribunal] is satisfied that it would be required by virtue of subsection (2) to dismiss the application, it may instead transfer it to the tribunal to which it should have been made; and an application so transferred shall be proceeded with as if it had been made in accordance with that subsection when originally made.
(5)The amount of compensation awarded shall, subject to the following provisions, be such as the Employment Appeal Tribunal or [F1employment tribunal] considers just and equitable in all the circumstances.
(6)In determining the amount of compensation to be awarded, the same rule shall be applied concerning the duty of a person to mitigate his loss as applies to damages recoverable under the common law in England and Wales or Scotland.
(7)Where the Employment Appeal Tribunal or [F1employment tribunal] finds that the infringement 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.
(8)The amount of compensation [F2calculated in accordance with subsections (5) to (7)] shall not exceed the aggregate of—
(a)an amount equal to 30 times the limit for the time being imposed by [F3section 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 [F4section 124(1)] of that Act (maximum compensatory award in such cases);
and, in the case of an award by the Employment Appeal Tribunal, shall not be less than the amount for the time being specified in section [F5176(6) of this Act (minimum award by Employment Appeal Tribunal in cases of exclusion or expulsion from union)].
F6(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 67 substituted (1.8.1998) by 1998 c. 8, s. 1(2) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
F2Words in s. 67(8) substituted (30.11.1993) by 1993 c. 19, s. 49(2), Sch. 8 para. 51(a)(i); S.I. 1993/1908, art. 2(2), Sch. 2
F3Words in s. 67(8)(a) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 56(2)(a) (with ss. 191-195, 202)
F4Words in s. 67(8)(b) substituted (22.8.1996) by 1996 c. 18, ss. 230, 243, Sch. 1 para. 56(2)(b) (with ss. 191-195, 202)
F5Words in s. 67(8) substituted (30.11.1993) by 1993 c. 19, s. 49(2), Sch. 8 para. 51(a)(ii); S.I. 1993/1908, art. 2(2), Sch. 2
F6S. 67(9) repealed (30.11.1993) by 1993 c. 19, ss. 49(2), 51, Sch. 8 para. 51(b), Sch. 10; S.I. 1993/1908, art. 2(2), Sch. 2
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