3 Non-compliance with statutory Codes of Practice
Employment Act 2008 (2008 c 24) | Legislation

3  Non-compliance with statutory Codes of Practice

(1)     The Trade Union and Labour Relations (Consolidation) Act 1992 (c 52) is amended as specified in subsections (2) and (3).

(2)     After section 207 there is inserted—

“207A Effect of failure to comply with Code: adjustment of awards

(1)     This section applies to proceedings before an employment tribunal relating to a claim by an employee under any of the jurisdictions listed in Schedule A2.

(2)     If, in the case of proceedings to which this section applies, it appears to the employment tribunal that—

(a)     the claim to which the proceedings relate concerns a matter to which a relevant Code of Practice applies,

(b)     the employer has failed to comply with that Code in relation to that matter, and

(c)     that failure was unreasonable,

the employment tribunal may, if it considers it just and equitable in all the circumstances to do so, increase any award it makes to the employee by no more than 25%.

(3)     If, in the case of proceedings to which this section applies, it appears to the employment tribunal that—

(a)     the claim to which the proceedings relate concerns a matter to which a relevant

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