| Commentary

(6) Remedies

| Commentary

(6)     Remedies

The remedy for a worker who is not permitted a companion, or is threatened with denial of this right, is compensation of up to two weeks' pay (subject to the normal maximum of a week's pay for the time being laid down by ERA 1996 s 227(1)). Within the limit imposed by the cap on a week's pay, the maximum amount in any particular case will include the amount of employer pension contributions: University of Sunderland v Drossou [2017] IRLR 1087, [2017] ICR D23, EAT. It should be noted that the tribunal may award up to two weeks' pay; in contrast to some other heads of claim, such as failure to give written reasons for a dismissal, the award is not automatic, and a tribunal should give at least brief reasons for the amount awarded: Heathmill (above at para [373]), para 11.

Complaint must be made to an employment tribunal within three months of the failure or threat, subject to the usual power of the tribunal to extend time if it was not reasonably practicable to present the claim in time (s 11(1), (2)). Claims made under ERA 1999 s 11 are not within the definition of 'relevant proceedings' in ETA 1996 s 18, and there is therefore no requirement to go through the Early Conciliation procedure before presenting a claim, and no extension of time under the provisions extending time where early

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