Section 236D

Where the employment tribunal finds that a complaint under section 236A is well-founded, the tribunal— must make a declaration to that effect, and may make an award of compensation to be paid by the employer to the complainant in respect of the act or failure complained of. The amount of the compensation awarded is to be an amount which the tribunal considers just and equitable in all the circumstances having regard to the infringement complained of and to any loss sustained by the complainant which is attributable to the act or failure. The loss is to be taken to include— any expenses reasonably incurred by the complainant in consequence of the act or failure, and loss of any benefit which the complainant might reasonably be expected to have had but for the act or failure. In ascertaining the loss, the tribunal must apply the same rule concerning the duty of a person to mitigate loss as applies to damages recoverable under the common law of England and Wales or Scotland. Where the tribunal finds that the act or failure complained of was to any extent caused or contributed to by action of the complainant, it must reduce the amount of the compensation by such proportion as it considers just and equitable having regard to that finding.

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Source: legislation.gov.uk · retrieved 2026-09-04