Section 236D, subsection (1) provides that where the employment tribunal finds that a complaint under section 236A is well-founded, the tribunal must make a declaration to that effect and may make an award of compensation to be paid by the employer.
	Subsection (2) provides that the amount of compensation should be what the tribunal considers just and equitable in all the circumstances including having regard to the infringement complained of and to any loss sustained by the complainant. Subsection (3) provides that the loss includes any expenses reasonably incurred as a consequence of the act or failure and loss of any benefit which the complainant might reasonably be expected to have had if the act or failure had not occurred. Subsection (4) provides that in ascertaining the loss, the tribunal must apply the same rule concerning the duty of a person to mitigate loss for England, Wales and Scotland. Subsection (5) provides that where the tribunal finds that the act or failure complained of was caused or contributed to by action of the complainant, it must reduce the amount of compensation by the proportion it considers just and equitable.
Part 4: Trade Unions and Industrial Action, etc Protection for taking industrial action New section 236D