ÑÇÖÞÉ«ÇéÍø

Under section 49 of the Employment Rights Act 1996 (ERA 1996), where an employment tribunal finds in favour of a claimant in a detriment claim, it:

1. •

   must make a declaration that the claimant has been subjected to the detriment alleged, and

2. •

   may, at its discretion, award compensation

The amount of compensation to be awarded is whatever the tribunal considers just and equitable in all the circumstances having regard both to:

1. •

   the infringement to which the complaint relates, and

2. •

   any loss which is attributable to the act (or failure to act) which infringed the claimant’s right

The loss is taken to include:

1. •

   any expenses reasonably incurred by the claimant in consequence of the infringing act, or failure to act complained of, and

2. •

   loss of any benefit which the claimant might reasonably be expected to have had but for that act or failure to act

Such