New Section 27BI of the ERA 1996 makes provisions around the awards which may be made by employment tribunals.
	Subsection (1) provides that – where an employment tribunal finds a case under Section 27BG well-founded – the tribunal must make a declaration to state this and may award compensation to be paid by the employer to the worker.
	Subsection (2) provides that the amount of compensation must be of an amount which does not exceed the permitted maximum (see subsection (4)) and is an amount which the tribunal considers right in all the circumstances to compensate the worker for any financial loss they sustained as a result of the issue complained of to the tribunal.
	Subsection (3) provides that – in working out how much financial loss has been sustained – the tribunal must apply the same rules around the duty of individuals to mitigate their losses, as apply under the common law of England and Wales, and as the case may be in Scotland.
	Subsection (4)(a) provides that the maximum award (permitted maximum) which may be awarded by an employment tribunal will be such number of weeks’ pay as specified in regulations where the complaint is under section 27BG(1), (2), (3), 5), (7) or (8); and subsection (4)(b) provides that this permitted maximum will be an amount specified in regulations where the complaint is under section 27BG(4) or (5) (complaints relating to the worker being provided less hours during the reference period to reduce the amount of hours required to be provided in an offer or to prevent the duty to provide an offer arising).
	Subsection (5) makes provisions around how the weekly pay of a worker who is not an employee should be calculated (for the purpose of calculating the tribunal award amount). It varies the application of the definitions given in Chapter 2 of Part 14 of the ERA 1996 for the purpose of these provisions only, so that references to an employee are read as references to a worker, and so that references to a contract of employment were read as reference to a worker’s contract and that in the case of a worker whose pay is calculated weekly, a ‘week’ is taken to end on the same day as in calculating their pay. In other cases, a ‘week’ is taken to end on a Saturday.
Part 1: Employment Rights Zero hours workers, etc New Section 27BI