Section 27BO — Remedies
This version in force from 2026-01-06
Snapshot: 2026-08-24
Reproduced from legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). Amendments made after 2026-08-24 may not be reflected — always check the official text .
(1) [F1 Where an employment tribunal finds a complaint under section 27BN well-founded, the tribunal—]
(a) [F1 must make a declaration to that effect, and]
(b) [F1 may make an award of compensation to be paid by the employer to the worker.]
(2) [F1 The amount of compensation under subsection (1)(b) in relation to a complaint is to be such amount, not exceeding the specified amount, as the tribunal considers just and equitable in all the circumstances to compensate the worker for any financial loss sustained by the worker which is attributable to the matter complained of.]
(3) [F1 In ascertaining the financial loss sustained, the tribunal must apply the same rule concerning the duty of a person to mitigate their loss as applies to damages recoverable under the common law of England and Wales or (as the case may be) Scotland.]
Amendment notes
- F1 Pt. 2A Ch. 3 inserted (6.1.2026 for specified purposes) by Employment Rights Act 2025 (c. 36), ss. 2, 159(3); S.I. 2026/3, reg. 2(2)(b)