Q&As

In a claim for being subjected to a detriment, is it possible to recover legal costs as part of the compensation awarded under section 49 of the Employment Rights Act 1996?

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Published on LexisPSL on 13/09/2016

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • In a claim for being subjected to a detriment, is it possible to recover legal costs as part of the compensation awarded under section 49 of the Employment Rights Act 1996?

In a claim for being subjected to a detriment, is it possible to recover legal costs as part of the compensation awarded under section 49 of the Employment Rights Act 1996?

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 expenses reasonably incurred and benefits lost are therefore examples, among other things, of what might constitute loss in respect of which the tribunal may ward compensation.

For further information, see Practice Note Sunday working—Sunday working-related detriment to, or dismissal of, shop or betting workers.

We are not aware of any case law relating to whether

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