12 Determination of references

12  Determination of references

(1)     Where, on a reference under section 11(1), an [employment tribunal] determines particulars as being those which ought to have been included or referred to in a statement given under section 1 or 4, the employer shall be deemed to have given to the [worker] a statement in which those particulars were included, or referred to, as specified in the decision of the tribunal.

(2)     On determining a reference under section 11(2) relating to a statement purporting to be a statement under section 1 or 4, an [employment tribunal] may—

(a)     confirm the particulars as included

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