Employment Rights Act 1996, section 24

Determination of complaints

Part II Protection of wages

[F102 (1)F102] 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.

[F103 (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.F103]

Definitions used in section 24 2

employer

(4) In this Act “employer”, in relation to an employee or a worker, means the person by whom the employee or worker is (or, where the employment has ceased, was) employed.

Defined in s.230(4) · see it in the full Act

(6) This section has effect subject to sections 43K , 47B(3) and 49B(10) ; and for the purposes of Part XIII so far as relating to Part IVA or section 47B, “worker”, “worker’s contract” and, in relation to a worker, “employer”, “employment” and “employed” have the extended meaning given by section 43K.

Defined in s.230(6) · see it in the full Act
worker

(3) In this Act “worker” (except in the phrases “shop worker” and “betting worker”) means an individual who has entered into or works under (or, where the employment has ceased, worked under)—

(a)a contract of employment, or

(b)any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual;

Defined in s.230(3) · see it in the full Act

(6) This section has effect subject to sections 43K , 47B(3) and 49B(10) ; and for the purposes of Part XIII so far as relating to Part IVA or section 47B, “worker”, “worker’s contract” and, in relation to a worker, “employer”, “employment” and “employed” have the extended meaning given by section 43K.

Defined in s.230(6) · see it in the full Act

Cases considering section 24 11

National Union of Rail, Maritime and Transport Workers and another v Tyne and Wear Passenger Transport Executive T/A Nexus

[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])

Tradition Securities and Futures SA v Mouradian

[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]).

Mears Ltd v Salt & Ors

[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.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F102S. 24 renumbered (6.4.2009) as s. 24(1) by Employment Act 2008 (c. 24), ss. 7(1)(a), 22(1)(a); S.I. 2008/3232, art. 2 (with Sch. paras. 1, 5)
  2. F103S. 24(2) inserted (6.4.2009) by Employment Act 2008 (c. 24), ss. 7(1)(b), 22(1)(a); S.I. 2008/3232, art. 2 (with Sch. paras. 1, 5)