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Statutory dispute resolution procedures: Uplift for failure to comply avoided by payment of monies before award made

This report relates to 1 case(s)

In Tim Arrow & Sons v Onley EAT/0527/08, the EAT held that the employment tribunal erred in applying a 50% uplift pursuant to s.31 of the Employment Act 2002 in respect of sums that had already been paid by the employer shortly before the tribunal hearing.

Key points

  • The tribunal had been entitled to award a 50% uplift on compensation on the facts of the case, but had erred in applying the uplift to sums that had already been paid by the employer shortly before the tribunal hearing.