HC Deb 05 August 1975 vol 897 cc332-3
Mr. Booth

I beg to move Amendment No. 238, in page 41, line 26, leave out from beginning to second 'the' and insert: 'which shall be of such amount as the tribunal considers just and equitable in all the circumstances having regard to the employer's default in failing to permit time off to be taken by the employee and to any loss sustained by the employee which is attributable to'. This amendment is necessary in order to make clear that tribunals may award compensation for an unreasonable refusal of time off, not only in respect of any financial loss arising from refusal, but also in respect of general affront and inconvenience to the employee arising from that refusal.

This amendment is a parallel to Amendment No. 111, in Clause 48. It makes the basis for assessment of compensation more realistic in a situation where there is no easily identifiable material loss.

Mr. Brittan

As the Minister has said, the arguments are the same as we have already considered, but I think it right to make it clear that we think that the principle of general aggravation, if one may so call it, is an unsound one of which we do not approve.

Amendment agreed to.

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