(1) Where a tribunal finds a complaint under section 23 well-founded, it shall make a declaration to that effect and shall order the employer—
(a)in the case of a complaint under section 23(1)(a), to pay to the worker the amount of any deduction made in contravention of section 13,
(b)in the case of a complaint under section 23(1)(b), to repay to the worker the amount of any payment received in contravention of section 15,
(c)in the case of a complaint under section 23(1)(c), to pay to the worker any amount recovered from him in excess of the limit mentioned in that provision, and
(d)in the case of a complaint under section 23(1)(d), to repay to the worker any amount received from him in excess of the limit mentioned in that provision.
(2)Where a tribunal makes a declaration under subsection (1), it may order the employer to pay to the worker (in addition to any amount ordered to be paid under that subsection) such amount as the tribunal considers appropriate in all the circumstances to compensate the worker for any financial loss sustained by him which is attributable to the matter complained of.
Cases considering section 24 11
[2024] UKSC 37 · 13 November 2024Limits
The prescribed remedies are a declaration and an order requiring payment of the unauthorised deduction. The provision does not empower an employment tribunal to order rectification. (see paras [71]-[74])
The provision permits additional compensation for financial loss attributable to an unauthorised deduction. Together with section 24(1), it exhaustively identifies the tribunal’s remedial powers and does not include rectification. (see paras [71]-[74])
[2009] EWCA Civ 60 · 11 February 2009
Section 24 is identified as empowering the Employment Tribunal to order payment of a sum owing under the unlawful-deduction provisions. The Court accepted that the discretion over the form of payment did not exclude that jurisdiction once the bonus amount was quantifiable (see paras [34], [37]).
[2012] UKEAT 0522_11_0106 · 1 June 2012
The court considered the remedial provision alongside sections 23 and 25. It rejected the argument that the Tribunal had exceeded its powers by using the contractual hourly rate where the original claim itself had not been quantified at a lower rate. (see paras [36]-[42])
3 more judgments, and what each says about section 24, are in the
case-law panel in the full Act.