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2) Adjustment of awards for non compliance with Code of Practice

The provisions in the Employment Act 2008 relating to the adjustment of tribunal awards apply to most proceedings before an employment tribunal. Where a relevant Code of Practice applies, Employment Tribunals will have discretion to adjust the award made where a party has unreasonably failed to comply with it.  Where it is the employer who has unreasonably failed to comply with a Code, the compensation award may be increased by no more than 25% and where it is the employee who has unreasonably failed to comply with a Code, the award may be decreased by no more than 25%.