Part V Protection from suffering detriment in employment
Enforcement
C1C2C348 Complaints to F1employment tribunals.
1
F291YA
A shop worker may present a complaint to an employment tribunal that he or she has been subjected to a detriment in contravention of section 45ZA.
F51ZA
A worker may present a complaint to an employment tribunal that he has been subjected to a detriment in contravention of section 45A.
F61A
A worker may present a complaint to an employment tribunal that he has been subjected to a detriment in contravention of section 47B.
F231AA
An agency worker may present a complaint to an employment tribunal that the agency worker has been subjected to a detriment in contravention of section 47C(5) by the temporary work agency or the hirer.
F71B
A person may present a complaint to an employment tribunal that he has been subjected to a detriment in contravention of section 47D.
C4C5C6C7C8C9C10C192
On F27a complaint under subsection (1), (1ZA), (1A) or (1B) it is for the employer to show the ground on which any act, or deliberate failure to act, was done.
F242A
On a complaint under subsection (1AA) it is for the temporary work agency or (as the case may be) the hirer to show the ground on which any act, or deliberate failure to act, was done.
C4C5C6C7C8C9C10C193
An F1employment tribunal shall not consider a complaint under this section unless it is presented—
a
before the end of the period of three months beginning with the date of the act or failure to act to which the complaint relates or, where that act or failure is part of a series of similar acts or failures, the last of them, or
b
within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.
C4C5C6C7C8C9C10C194
For the purposes of subsection (3)—
a
where an act extends over a period, the “date of the act” means the last day of that period, and
b
a deliberate failure to act shall be treated as done when it was decided on;
and, in the absence of evidence establishing the contrary, an employerF28, a temporary work agency or a hirer shall be taken to decide on a failure to act when he does an act inconsistent with doing the failed act or, if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the failed act if it was to be done.
F84A
Section 207A(3) (extension because of mediation in certain European cross-border disputes) F20and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply for the purposes of subsection (3)(a).
F95
In this section and section 49 any reference to the employer F16includes—
F16a
where a person complains that he has been subjected to a detriment in contravention of section 47A, the principal (within the meaning of section 63A(3)).
F17b
in the case of proceedings against a worker or agent under section 47B(1A), the worker or agent.
F256
In this section and section 49 the following have the same meaning as in the Agency Workers Regulations 2010 ( S.I. 2010/93)—
“agency worker”;
“hirer”;
“temporary work agency”.
C11C12C2049 Remedies.
C13C14C15C16C17C181
Where an F10employment tribunal finds a complaint F22under section 48(1), (1ZA), (1A) or (1B) well-founded, the tribunal—
a
shall make a declaration to that effect, and
b
may make an award of compensation to be paid by the employer to the complainant in respect of the act or failure to act to which the complaint relates.
F211A
Where an employment tribunal finds a complaint under section 48(1AA) well-founded, the tribunal—
a
shall make a declaration to that effect, and
b
may make an award of compensation to be paid by the temporary work agency or (as the case may be) the hirer to the complainant in respect of the act or failure to act to which the complaint relates.
C13C14C15C16C17C182
F11Subject to F12subsections (5A) and (6) the amount of the compensation awarded shall be such as the tribunal considers just and equitable in all the circumstances having regard to—
a
the infringement to which the complaint relates, and
b
any loss which is attributable to the act, or failure to act, which infringed the complainant’s right.
C13C14C15C16C17C183
The loss shall be taken to include—
a
any expenses reasonably incurred by the complainant in consequence of the act, or failure to act, to which the complaint relates, and
b
loss of any benefit which he might reasonably be expected to have had but for that act or failure to act.
C13C14C15C16C17C184
In ascertaining the loss the tribunal shall apply the same rule concerning the duty of a person to mitigate his loss as applies to damages recoverable under the common law of England and Wales or (as the case may be) Scotland.
C13C14C15C16C17C185
Where the tribunal finds that the act, or failure to act, to which the complaint relates was to any extent caused or contributed to by action of the complainant, it shall reduce the amount of the compensation by such proportion as it considers just and equitable having regard to that finding.
F135A
Where—
a
the complaint is made under section 48 (1ZA),
b
the detriment to which the worker is subjected is the termination of his worker’s contract, and
c
that contract is not a contract of employment,
any compensation must not exceed the compensation that would be payable under Chapter II of Part X if the worker had been an employee and had been dismissed for the reason specified in section 101A.
F146
Where—
a
the complaint is made under section 48(1A),
b
the detriment to which the worker is subjected is the termination of his worker’s contract, and
c
that contract is not a contract of employment,
any compensation must not exceed the compensation that would be payable under Chapter II of Part X if the worker had been an employee and had been dismissed for the reason specified in section 103A.
F186A
Where—
a
the complaint is made under section 48(1A), and
b
it appears to the tribunal that the protected disclosure was not made in good faith,
the tribunal may, if it considers it just and equitable in all the circumstances to do so, reduce any award it makes to the worker by no more than 25%.
F157
Where—
a
the complaint is made under section 48(1B) by a person who is not an employee, and
b
the detriment to which he is subjected is the termination of his contract with the person who is his employer for the purposes of section 25 of the Tax Credits Act 2002,
any compensation must not exceed the compensation that would be payable under Chapter 2 of Part 10 if the complainant had been an employee and had been dismissed for the reason specified in section 104B.