38 Failure to give statement of employment particulars etc
Employment Act 2002 (2002 c 22) | Legislation

38  Failure to give statement of employment particulars etc

(1)     This section applies to proceedings before an employment tribunal relating to a claim by [a worker] under any of the jurisdictions listed in Schedule 5.

(2)     If in the case of proceedings to which this section applies—

(a)     the employment tribunal finds in favour of the [worker], but makes no award to him in respect of the claim to which the proceedings relate, and

(b)     when the proceedings were begun the employer was in breach of his duty to the [worker] under section 1(1) or 4(1) of the Employment Rights Act 1996 (c 18) (duty to give a written statement of initial employment particulars or of particulars of change) [or [(in the case of a claim by an employee)] under section 41B or 41C of that Act (duty to give a written statement in relation to rights not to work on Sunday)],

the tribunal must, subject to subsection (5), make an award of

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