Employees and trade union members may bring claims for compensation against employers and unions for breaches of collective rights. The amounts payable and any limits that apply are set out below.
| TRADE UNION MEMBERSHIP, NON-MEMBERSHIP, OR ACTIVITIES |
| Sections 137–143 and 145–161 of the Trade Union and Labour Relations (Consolidation) Act 1992 |
| Complaint |
Compensation payable under |
Amount payable |
Limits |
| Inducements relating to union membership/activities |
Section 145E of the Trade Union and Labour Relations (Consolidation) Act 1992 |
£3,600 |
Not applicable |
| Detrimental treatment short of dismissal |
Section 149 of the Trade Union and Labour Relations (Consolidation) Act 1992 |
“Just and equitable” criterion |
No limits |
| Refusal of employment or employment agency services (or failure to comply with tribunal recommendation) |
Section 140 of the Trade Union and Labour Relations (Consolidation) Act 1992 |
Equivalent to damages for breach of statutory duty, including injury to feelings |
£74,200 maximum |
| TRADE UNIONS |
| Sections 64–67 and 174–177 of the Trade Union and Labour Relations (Consolidation) Act 1992 |
| Complaint |
Compensation payable under |
Amount payable |
Limits |
| Unjustifiable discipline: tribunal declaration followed by revocation or reversal of union’s decision |
Section 67 of the Trade Union and Labour Relations (Consolidation) Act 1992 |
“Just and equitable” criterion |
£87,700 maximum |
| Unjustifiable discipline: tribunal declaration not followed by revocation or reversal of union’s decision |
Section 67 of the Trade Union and Labour Relations (Consolidation) Act 1992 |
“Just and equitable” criterion |
£8,400 minimum; £87,700 maximum
|
| Exclusion or expulsion on impermissible grounds: tribunal declaration followed by admission or re-admission |
Section 176 of the Trade Union and Labour Relations (Consolidation) Act 1992 |
“Just and equitable” criterion |
£87,700 maximum |
| Exclusion or expulsion on impermissible grounds: tribunal declaration not followed by admission or re-admission |
Section 176 of the Trade Union and Labour Relations (Consolidation) Act 1992 |
“Just and equitable” criterion |
£8,400 minimum; £87,700 maximum |
| INFORMATION AND CONSULTATION |
| Sections 188–192 of the Trade Union and Labour Relations (Consolidation) Act 1992; reg.13 of the Transfer of Undertakings (Protection of Employment) Regulations 2006; ss.70B and 70C of the Trade Union and Labour Relations (Consolidation) Act 1992; and reg.23 of the Information and Consultation of Employees Regulations 2004 |
| Complaint |
Compensation payable under |
Amount payable |
Limits |
| Failure to pay under protective award for failure to inform or consult on redundancies |
Section 192 of the Trade Union and Labour Relations (Consolidation) Act 1992 |
Depends on length of protected period, which is set by “just and equitable” criterion |
90 days’ (actual) pay maximum |
| Failure to pay compensation awarded for failure to inform or consult on transfer |
Regulation 15 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 |
“Just and equitable” criterion |
13 weeks’ (actual) pay maximum |
| Failure to consult statutorily recognised trade unions over training |
Section 70C of the Trade Union and Labour Relations (Consolidation) Act 1992 |
Up to two “weeks’ pay”1 |
£900 maximum |
| Failure to comply with terms of negotiated agreement or standard information and consultation provisions |
Regulation 23 of the Information and Consultation of Employees Regulations 2004 |
Depends on gravity of failure and number of employees |
£75,000 maximum |