Section 27BU — Remedies

(1) [F1 Where an employment tribunal finds a complaint under section 27BT(1)(a) well-founded, the tribunal must—]

(a) [F1 make a declaration to that effect, and]

(b) [F1 order the employer to pay to the worker the amount of the payment under section 27BP(1) which it finds is due to the worker.]

(2) [F1 Where an employment tribunal finds a complaint under section 27BT(1)(b) or (c) well-founded, the tribunal—]

(a) [F1 must make a declaration to that effect, and]

(b) [F1 may order the employer to make a payment to the worker of such amount, not exceeding the specified amount, as the tribunal considers just and equitable in all the circumstances.]

(3) [F1 But an employment tribunal may not make an order under subsection (2)(b) relating to a notice given in purported compliance with section 27BR(2) if the tribunal makes an order under subsection (1)(b) relating to the same payment to which the notice related.]

(4) [F1 In determining—]

(a) [F1 whether to make an order under subsection (2)(b), and]

(b) [F1 if so, how much to order the employer to pay,]

[F1 an employment tribunal must have regard, in particular, to the seriousness of the matter complained of.]

Amendment notes

1. F1 Pt. 2A Ch. 4 inserted (6.1.2026 for specified purposes) by Employment Rights Act 2025 (c. 36), ss. 3, 159(3); S.I. 2026/3, reg. 2(2)(c)