172 Remedies.E+W+S
(1)Where the tribunal finds a complaint under section 168 [F1, 168A] or 170 is well-founded, it shall make a declaration to that effect and may make an award of compensation to be paid by the employer to the employee.
(2)The amount of the compensation shall be such as the tribunal considers just and equitable in all the circumstances having regard to the employer’s default in failing to permit time off to be taken by the employee and to any loss sustained by the employee which is attributable to the matters complained of.
(3)Where on a complaint under section 169 the tribunal finds that the employer has failed to pay the employee in accordance with that section, it shall order him to pay the amount which it finds to be due.
Textual Amendments
F1Word in s. 172(1) inserted (27.4.2003) by 2002 c. 22, ss. 53, 55(2), Sch. 7 para. 20; S.I. 2003/1190, art. 2(2)
Modifications etc. (not altering text)
C1S. 172 applied (4.9.2000) by 1999 c. 26 s. 10(7) (with s. 15); S.I. 2000/2242, art. 2 (with transitional provisions in arts. 3, 4)
C2S. 172 applied (1.10.2006) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 47, Sch. 6 para. 9 (with regs. 44-46, Sch. 7)
C3Ss. 171-173 applied (6.4.2010) by The Employee Study and Training (Procedural Requirements) Regulations 2010 (S.I. 2010/155), regs. 1, 16(8)