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Trade Union and Labour Relations Act 1974

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This is the original version (as it was originally enacted).

17(1)A complaint may be presented to an industrial tribunal against an employer by any person (in this Part and Part IV of this Schedule referred to as the complainant) that he was unfairly dismissed by the employer or by a person acting on the employer's behalf.

(2)Where on a complaint under this paragraph the industrial tribunal—

(a)finds that the grounds of the complaint are well-founded, and

(b)considers that it would be practicable and in accordance with equity, for the complainant to be reinstated or re-engaged by the employer or to be engaged by a successor of the employer or by an associated employer,

the tribunal shall make a recommendation to that effect, stating the terms on which it considers that it would be reasonable for the complainant to be so reinstated, re-engaged or engaged.

(3)Where on such a complaint the industrial tribunal finds that the grounds of the complaint are well-founded, but—

(a)the tribunal does not make such a recommendation as aforesaid, or

(b)the tribunal makes such a recommendation, and (for what ever reason) the recommendation is not complied with,

the tribunal shall make an award of compensation, to be paid by the employer to the complainant, in respect of the dismissal.

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