Where an employment tribunal finds a complaint under section 27BT(1)(a) well-founded, the tribunal must—
make a declaration to that effect, and
order the employer to pay to the worker the amount of the payment under section 27BP(1) which it finds is due to the worker.
Where an employment tribunal finds a complaint under section 27BT(1)(b) or (c) well-founded, the tribunal—
must make a declaration to that effect, and
may order the employer to make a payment to the worker of such amount, not exceeding the specified amount, as the tribunal considers just and equitable in all the circumstances.
But an employment tribunal may not make an order under subsection (2)(b) relating to a notice given in purported compliance with section 27BR(2) if the tribunal makes an order under subsection (1)(b) relating to the same payment to which the notice related.
In determining—
whether to make an order under subsection (2)(b), and
if so, how much to order the employer to pay,
an employment tribunal must have regard, in particular, to the seriousness of the matter complained of.