(1) Where an [employment tribunal] finds a complaint [under section 48(1), [(1XA),] (1ZA), (1A) or (1B)] well-founded, the tribunal—
(a) shall make a declaration to that effect, and
(b) may make an award of compensation to be paid by the employer to the complainant in respect of the act or failure to act to which the complaint relates.
[(1A) Where an employment tribunal finds a complaint under section 48(1AA) well-founded, the tribunal—
(b) may make an award of compensation to be paid by the temporary work agency or (as the case may be) the hirer to the complainant in respect of the act or failure to act to which the complaint relates.]
(2) [Subject to [subsections [(5ZA),] (5A) and (6)]] The amount of the compensation awarded shall be such as the tribunal considers just and equitable in all the circumstances having regard to—
(a) the infringement to
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