After section 127 of the M1Employment Rights Act 1996 insert—
(1)Where in a case in which an award of compensation for unfair dismissal falls to be made under section 112(4) or 117(3)(a) the tribunal finds that—
(a)the employer provided a procedure for appealing against dismissal, and
(b)the complainant was, at the time of the dismissal or within a reasonable period afterwards, given written notice stating that the employer provided the procedure and including details of it, but
(c)the complainant did not appeal against the dismissal under the procedure (otherwise than because the employer prevented him from doing so),
the tribunal shall reduce the compensatory award included in the award of compensation for unfair dismissal by such amount (if any) as it considers just and equitable.
(2)Where in a case in which an award of compensation for unfair dismissal falls to be made under section 112(4) or 117(3)(a) the tribunal finds that—
(a)the employer provided a procedure for appealing against dismissal, but
(b)the employer prevented the complainant from appealing against the dismissal under the procedure,
the award of compensation for unfair dismissal shall include a supplementary award of such amount (if any) as the tribunal considers just and equitable.
(3)In determining the amount of a reduction under subsection (1) or a supplementary award under subsection (2) the tribunal shall have regard to all the circumstances of the case, including in particular the chances that an appeal under the procedure provided by the employer would have been successful.
(4)The amount of such a reduction or supplementary award shall not exceed the amount of two weeks’ pay.”
Marginal Citations
F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)Section 126 of [F2the Employment Rights Act 1996] (which prohibits recovery under more than one provision in the case of an act which is both unfair dismissal and sex or race discrimination) is amended as follows.
(3)In subsection (1) (which describes the circumstances in which the section applies), for paragraph (b) substitute—
“(b)any one or more of the M2Sex Discrimination Act 1975, the M3Race Relations Act 1976 and the Disability Discrimination Act 1995.”
(4)In subsection (2) (which prohibits recovery under more than one provision)—
(a)omit “two or three”, and
(b)for “the other, or any of the others,” substitute “ any other of them ”.
Textual Amendments
F1S. 14(1) repealed (25.10.1999) by 1999 c. 8, ss. 33(3), 44, Sch. 9(10); S.I. 1999/2830, art. 2(1)(3)(a), Sch. 1, Pt. I, Sch. 2 Pt. I (with Sch. 3 para. 8)
F2Words in s. 14(2) substituted (25.10.1999) by 1999 c. 8, s. 33(3); S.I. 1999/2830, art. 2(1), Sch. 1 Pt. I (with Sch. 3 para. 8)
Marginal Citations