The additional award

An additional award applies in trade union membership (or non-membership) cases, and in cases of unlawful discrimination and dismissal for health and safety reasons, where the employee asks for reinstatement or re-engagement but the employer refuses to comply with the tribunal order. For an example, see the case of Yunus Bakhsh v Northumberland Tyne & Wear NHS Foundation Trust [2012] EWCH 1445, discussed on page 137. The minimum and maximum additional awards are calculated by reference to a “week’s pay” (£464 from 6 April 2014).

The minimum additional award is the lower of 26 weeks pay and £12,064 (6 April 2014). The maximum additional award is the lower of 52 weeks’ pay and £24,128 (6 April 2014). Section 160 of TULRCA 92 gives the tribunal power to order that the compensation award be paid by the union instead of the employer in cases where the tribunal decides that the union induced the employer to dismiss.