Making an Employment Or Similar Claim - Legislation That May Help You

111 Complaints to [F1employment tribunal].

(1)A complaint may be presented to an [F1employment tribunal] against an employer by any person that he was unfairly dismissed by the employer.

(2)[F2Subject to the following provisions of this section], an [F1employment tribunal] shall not consider a complaint under this section unless it is presented to the tribunal—

(a)before the end of the period of three months beginning with the effective date of termination, or

(b)within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

[F3(2A)Section 207A(3) (extension because of mediation in certain European cross-border disputes) [F4and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply] for the purposes of subsection (2)(a).]

(3)Where a dismissal is with notice, an [F1employment tribunal] shall consider a complaint under this section if it is presented after the notice is given but before the effective date of termination.

(4)In relation to a complaint which is presented as mentioned in subsection (3), the provisions of this Act, so far as they relate to unfair dismissal, have effect as if—

(a)references to a complaint by a person that he was unfairly dismissed by his employer included references to a complaint by a person that his employer has given him notice in such circumstances that he will be unfairly dismissed when the notice expires,

(b)references to reinstatement included references to the withdrawal of the notice by the employer,

(c)references to the effective date of termination included references to the date which would be the effective date of termination on the expiry of the notice, and

(d)references to an employee ceasing to be employed included references to an employee having been given notice of dismissal.

[F5(5)Where the dismissal is alleged to be unfair by virtue of section 104F (blacklists),

(a)subsection (2)(b) does not apply, and

(b)an employment tribunal may consider a complaint that is otherwise out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.]

93 Complaints to [F1employment tribunal].

(1)A complaint may be presented to an [F1employment tribunal] by an employee on the ground that—

(a)the employer unreasonably failed to provide a written statement under section 92, or

(b)the particulars of reasons given in purported compliance with that section are inadequate or untrue.

(2)Where an [F1employment tribunal] finds a complaint under this section well-founded, the tribunal—

(a)may make a declaration as to what it finds the employer’s reasons were for dismissing the employee, and

(b)shall make an award that the employer pay to the employee a sum equal to the amount of two weeks’ pay.

(3)An [F1employment tribunal] shall not consider a complaint under this section relating to the reasons for a dismissal unless it is presented to the tribunal at such a time that the tribunal would, in accordance with section 111, consider a complaint of unfair dismissal in respect of that dismissal presented at the same time.

163 References to [F1employment tribunals].

(1)Any question arising under this Part as to—

(a)the right of an employee to a redundancy payment, or

(b)the amount of a redundancy payment,

shall be referred to and determined by an [F1employment tribunal].

(2)For the purposes of any such reference, an employee who has been dismissed by his employer shall, unless the contrary is proved, be presumed to have been so dismissed by reason of redundancy.

(3)Any question whether an employee will become entitled to a redundancy payment if he is not dismissed by his employer and he terminates his contract of employment as mentioned in section 150(1) shall for the purposes of this Part be taken to be a question as to the right of the employee to a redundancy payment.

(4)Where an order under section 157 is in force in respect of an agreement, this section has effect in relation to any question arising under the agreement as to the right of an employee to a payment on the termination of his employment, or as to the amount of such a payment, as if the payment were a redundancy payment and the question arose under this Part.

[F2(5)Where a tribunal determines under subsection (1) that an employee has a right to a redundancy payment it may order the employer to pay to the worker such amount as the tribunal considers appropriate in all the circumstances to compensate the worker for any financial loss sustained by him which is attributable to the non-payment of the redundancy payment.]

23 Complaints to [F1employment tribunals].

(1)A worker may present a complaint to an [F1employment tribunal]—

(a)that his employer has made a deduction from his wages in contravention of section 13 (including a deduction made in contravention of that section as it applies by virtue of section 18(2)),

(b)that his employer has received from him a payment in contravention of section 15 (including a payment received in contravention of that section as it applies by virtue of section 20(1)),

(c)that his employer has recovered from his wages by means of one or more deductions falling within section 18(1) an amount or aggregate amount exceeding the limit applying to the deduction or deductions under that provision, or

(d)that his employer has received from him in pursuance of one or more demands for payment made (in accordance with section 20) on a particular pay day, a payment or payments of an amount or aggregate amount exceeding the limit applying to the demand or demands under section 21(1).

(2)Subject to subsection (4), an [F1employment tribunal] shall not consider a complaint under this section unless it is presented before the end of the period of three months beginning with—

(a)in the case of a complaint relating to a deduction by the employer, the date of payment of the wages from which the deduction was made, or

(b)in the case of a complaint relating to a payment received by the employer, the date when the payment was received.

(3)Where a complaint is brought under this section in respect of—

(a)a series of deductions or payments, or

(b)a number of payments falling within subsection (1)(d) and made in pursuance of demands for payment subject to the same limit under section 21(1) but received by the employer on different dates,

the references in subsection (2) to the deduction or payment are to the last deduction or payment in the series or to the last of the payments so received.

[F2(3A)Section 207A(3) (extension because of mediation in certain European cross-border disputes) [F3and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply] for the purposes of subsection (2).]

(4)Where the [F1employment tribunal] is satisfied that it was not reasonably practicable for a complaint under this section to be presented before the end of the relevant period of three months, the tribunal may consider the complaint if it is presented within such further period as the tribunal considers reasonable.

[F4(4A)An employment tribunal is not (despite subsections (3) and (4)) to consider so much of a complaint brought under this section as relates to a deduction where the date of payment of the wages from which the deduction was made was before the period of two years ending with the date of presentation of the complaint.

(4B)Subsection (4A) does not apply so far as a complaint relates to a deduction from wages that are of a kind mentioned in section 27(1)(b) to (j).]

[F5(5) No complaint shall be presented under this section in respect of any deduction made in contravention of section 86 of the M1 Trade Union and Labour Relations (Consolidation) Act 1992 (deduction of political fund contribution where certificate of exemption or objection has been given). ]

48 Complaints to [F1employment tribunals].

(1)An employee may present a complaint to an [F1employment tribunal] that he has been subjected to a detriment in contravention of section [F243M,] 44, 45, [F346, 47 [F4, 47A [F5, [F647C(1)] [F7, 47E [F8, 47F or 47G]]]]].

[F9(1ZA)A worker may present a complaint to an employment tribunal that he has been subjected to a detriment in contravention of section 45A.]

[F10(1A)A worker may present a complaint to an employment tribunal that he has been subjected to a detriment in contravention of section 47B.]

[F11(1AA)An agency worker may present a complaint to an employment tribunal that the agency worker has been subjected to a detriment in contravention of section 47C(5) by the temporary work agency or the hirer.]

[F12(1B)A person may present a complaint to an employment tribunal that he has been subjected to a detriment in contravention of section 47D.]

(2)On [F13a complaint under subsection (1), (1ZA), (1A) or (1B)] it is for the employer to show the ground on which any act, or deliberate failure to act, was done.

[F14(2A)On a complaint under subsection (1AA) it is for the temporary work agency or (as the case may be) the hirer to show the ground on which any act, or deliberate failure to act, was done.]

(3)An [F1employment tribunal] shall not consider a complaint under this section unless it is presented—

(a)before the end of the period of three months beginning with the date of the act or failure to act to which the complaint relates or, where that act or failure is part of a series of similar acts or failures, the last of them, or

(b)within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

(4)For the purposes of subsection (3)—

(a)where an act extends over a period, the “date of the act” means the last day of that period, and

(b)a deliberate failure to act shall be treated as done when it was decided on;

and, in the absence of evidence establishing the contrary, an employer[F15, a temporary work agency or a hirer] shall be taken to decide on a failure to act when he does an act inconsistent with doing the failed act or, if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the failed act if it was to be done.

[F16(4A)Section 207A(3) (extension because of mediation in certain European cross-border disputes) [F17and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply] for the purposes of subsection (3)(a).]

[F18(5)In this section and section 49 any reference to the employer [F19includes—]

[F19(a)where] a person complains that he has been subjected to a detriment in contravention of section 47A, the principal (within the meaning of section 63A(3)).

[F20(b)in the case of proceedings against a worker or agent under section 47B(1A), the worker or agent.]]

[F21(6)In this section and section 49 the following have the same meaning as in the Agency Workers Regulations 2010 (S.I. 2010/93)—

“agency worker”;

“hirer”;

“temporary work agency”.]

56Enforcement of the right

(1)A worker may present a complaint to an employment tribunal that the worker has been subjected to a detriment in contravention of section 55.

(2)Subject to the following provisions of this section, the provisions of sections 48(2) to (4) and 49 of the Employment Rights Act 1996(complaints to employment tribunals and remedies), apply in relation to a complaint under this section as they apply in relation to a complaint under section 48 of that Act, but taking references in those provisions to the employer as references to the employer within the meaning of section 55(1).

(3)Where—

(a)the detriment to which the worker is subjected is the termination of the worker's contract, but

(b)that contract is not a contract of employment,

any compensation awarded under section 49 of the Employment Rights Act 1996 by virtue of subsection (2) must not exceed the limit specified in subsection (4).

(4)The limit is the total of—

(a)the sum which would be the basic award for unfair dismissal, calculated in accordance with section 119 of the Employment Rights Act 1996, if the worker had been an employee within the meaning of that Act and the contract terminated had been a contract of employment, and

(b)the sum for the time being specified in section 124(1) of that Act which is the limit for a compensatory award to a person calculated in accordance with section 123 of that Act.

(5)Where the worker has been working under arrangements which do not fall to be regarded as a worker's contract for the purposes of the Employment Rights Act 1996, the worker is to be treated for the purposes of subsections (3) and (4) as if any arrangements under which the worker has been working constituted a worker's contract falling within section 230(3)(b) of that Act.

(6)In section 18(1) of the Employment Tribunals Act 1996 (c. 17) (proceedings where conciliation is available), after paragraph (u) insert “, or

(v)under section 56 of the Pensions Act 2008.”

11 References to [F1employment tribunals].

(1)Where an employer does not give an employee a statement as required by section 1, 4 or 8 (either because he gives him no statement or because the statement he gives does not comply with what is required), the employee may require a reference to be made to an [F1employment tribunal] to determine what particulars ought to have been included or referred to in a statement so as to comply with the requirements of the section concerned.

(2)Where—

(a)a statement purporting to be a statement under section 1 or 4, or a pay statement or a standing statement of fixed deductions purporting to comply with section 8 or 9, has been given to an employee, and

(b)a question arises as to the particulars which ought to have been included or referred to in the statement so as to comply with the requirements of this Part,

either the employer or the employee may require the question to be referred to and determined by an [F1employment tribunal].

(3)For the purposes of this section—

(a)a question as to the particulars which ought to have been included in the note required by section 3 to be included in the statement under section 1 does not include any question whether the employment is, has been or will be contracted-out employment (for the purposes of Part III of the M1Pension Schemes Act 1993), and

(b)a question as to the particulars which ought to have been included in a pay statement or standing statement of fixed deductions does not include a question solely as to the accuracy of an amount stated in any such particulars.

(4)An [F1employment tribunal] shall not consider a reference under this section in a case where the employment to which the reference relates has ceased unless an application requiring the reference to be made was made—

(a)before the end of the period of three months beginning with the date on which the employment ceased, or

(b)within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the application to be made before the end of that period of three months.

[F2(5)Section 207A(3) (extension because of mediation in certain European cross-border disputes) applies for the purposes of subsection (4)(a).]

[F3(6)[F4Section] 207B (extension of time limits to facilitate conciliation before institution of proceedings) also applies for the purposes of subsection (4)(a).]

34 Complaints to [F1employment tribunals].

(1)An employee may present a complaint to an [F1employment tribunal] that his employer has failed to pay the whole or any part of a guarantee payment to which the employee is entitled.

(2)An [F1employment tribunal] shall not consider a complaint relating to a guarantee payment in respect of any day unless the complaint is presented to the tribunal—

(a)before the end of the period of three months beginning with that day, or

(b)within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

[F2(2A)Section 207A(3) (extension because of mediation in certain European cross-border disputes) [F3and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply] for the purposes of subsection (2)(a).]

(3)Where an [F1employment tribunal] finds a complaint under this section well-founded, the tribunal shall order the employer to pay to the employee the amount of guarantee payment which it finds is due to him.

70 Complaints to [F1employment tribunals].

(1)An employee may present a complaint to an [F1employment tribunal] that his or her employer has failed to pay the whole or any part of remuneration to which the employee is entitled under section 64 or 68.

(2)An [F1employment tribunal] shall not consider a complaint under subsection (1) relating to remuneration in respect of any day unless it is presented—

(a)before the end of the period of three months beginning with that day, or

(b)within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented within that period of three months.

(3)Where an [F1employment tribunal] finds a complaint under subsection (1) well-founded, the tribunal shall order the employer to pay the employee the amount of remuneration which it finds is due to him or her.

(4)An employee may present a complaint to an [F1employment tribunal] that in contravention of section 67 her employer has failed to offer to provide her with work.

(5)An [F1employment tribunal] shall not consider a complaint under subsection (4) unless it is presented—

(a)before the end of the period of three months beginning with the first day of the suspension, or

(b)within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented within that period of three months.

(6)Where an [F1employment tribunal] finds a complaint under subsection (4) well-founded, the tribunal may make an award of compensation to be paid by the employer to the employee.

(7)The amount of the compensation shall be such as the tribunal considers just and equitable in all the circumstances having regard to—

(a)the infringement of the employee’s right under section 67 by the failure on the part of the employer to which the complaint relates, and

(b)any loss sustained by the employee which is attributable to that failure.

[F2(8)Section 207A(3) (extension because of mediation in certain European cross-border disputes) [F3and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply] for the purposes of subsections (2)(a) and (5)(a).]

F2[F1 80 Complaint to employment tribunal.

(1)An employee may present a complaint to an employment tribunal that his employer—

(a)has unreasonably postponed a period of parental leave requested by the employee, or

(b)has prevented or attempted to prevent the employee from taking parental leave.

(2)An employment tribunal shall not consider a complaint under this section unless it is presented—

(a)before the end of the period of three months beginning with the date (or last date) of the matters complained of, or

(b)within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

[F3(2A)Section 207A(3) (extension because of mediation in certain European cross-border disputes) [F4and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply] for the purposes of subsection (2)(a).]

(3)Where an employment tribunal finds a complaint under this section well-founded it—

(a)shall make a declaration to that effect, and

(b)may make an award of compensation to be paid by the employer to the employee.

(4)The amount of compensation shall be such as the tribunal considers just and equitable in all the circumstances having regard to—

(a)the employer’s behaviour, and

(b)any loss sustained by the employee which is attributable to the matters complained of.]

[F180H Complaints to employment tribunals

(1)An employee who makes an application under section 80F may present a complaint to an employment tribunal—

(a)that his employer has failed in relation to the application to comply with section 80G(1), F2...

(b)that a decision by his employer to reject the application was based on incorrect facts[F3, or]

[F3(c)that the employer's notification under section 80G(1D) was given in circumstances that did not satisfy one of the requirements in section 80G(1D)(a) and (b)].

(2)No complaint [F4under subsection (1)(a) or (b)] may be made in respect of an application which has been disposed of by agreement or withdrawn.

[F5(3)In the case of an application which has not been disposed of by agreement or withdrawn, no complaint under subsection (1)(a) or (b) may be made until—

(a)the employer notifies the employee of the employer's decision on the application, or

(b)if the decision period applicable to the application (see section 80G(1B)) comes to an end without the employer notifying the employee of the employer's decision on the application, the end of the decision period.

(3A)If an employer allows an employee to appeal a decision to reject an application, a reference in other subsections of this section to the decision on the application is a reference to the decision on the appeal or, if more than one appeal is allowed, the decision on the final appeal.

(3B)If an agreement to extend the decision period is made as described in section 80G(1C)(b), subsection (3)(b) is to be treated as not allowing a complaint until the end of the extended period.]

[F6(3C)A complaint under subsection (1)(c) may be made as soon as the notification under section 80G(1D) complained of is given to the employee.]

F7( 4 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)An employment tribunal shall not consider a complaint under this section unless it is presented—

(a)before the end of the period of three months beginning with the relevant date, or

(b)within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

(6)In subsection (5)(a), the reference to the [F8relevant date is a reference to the first date on which the employee may make a complaint under subsection (1)(a), (b) or (c), as the case may be.]

[F9(7)Section 207A(3) (extension because of mediation in certain European cross-border disputes) [F10and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply] for the purposes of subsection (5)(a).]]

51 Complaints to [F1employment tribunals].

(1)An employee may present a complaint to an [F1employment tribunal] that his employer has failed to permit him to take time off as required by section 50.

(2)An [F1employment tribunal] shall not consider a complaint under this section that an employer has failed to permit an employee to take time off unless it is presented—

(a)before the end of the period of three months beginning with the date on which the failure occurred, or

(b)within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

[F2(2A)Section 207A(3) (extension because of mediation in certain European cross-border disputes) [F3and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply] for the purposes of subsection (2)(a).]

(3)Where an [F1employment tribunal] finds a complaint under this section well-founded, the tribunal—

(a)shall make a declaration to that effect, and

(b)may make an award of compensation to be paid by the employer to the employee.

(4)The amount of the compensation shall be such as the tribunal considers just and equitable in all the circumstances having regard to—

(a)the employer’s default in failing to permit time off to be taken by the employee, and

(b)any loss sustained by the employee which is attributable to the matters to which the complaint relates.

54 Complaints to [F1employment tribunals].

(1)An employee may present a complaint to an [F1employment tribunal] that his employer—

(a)has unreasonably refused to permit him to take time off as required by section 52, or

(b)has failed to pay the whole or any part of any amount to which the employee is entitled under section 53(1) or (4).

(2)An [F1employment tribunal] shall not consider a complaint under this section unless it is presented—

(a)before the end of the period of three months beginning with the date on which it is alleged that the time off should have been permitted, or

(b)within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

[F2(2A)Section 207A(3) (extension because of mediation in certain European cross-border disputes) [F3and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply] for the purposes of subsection (2)(a).]

(3)Where an [F1employment tribunal] finds a complaint under this section well-founded, the tribunal shall—

(a)make a declaration to that effect, and

(b)order the employer to pay to the employee the amount which it finds due to him.

(4)The amount which may be ordered by a tribunal to be paid by an employer under subsection (3) (or, where the employer is liable to pay remuneration under section 53, the aggregate of that amount and the amount of that liability) shall not exceed, in respect of the notice period of any employee, forty per cent. of a week’s pay of that employee.

57 Complaints to [F1employment tribunals].

(1)An employee may present a complaint to an [F1employment tribunal] that her employer—

(a)has unreasonably refused to permit her to take time off as required by section 55, or

(b)has failed to pay the whole or any part of any amount to which the employee is entitled under section 56.

(2)An [F1employment tribunal] shall not consider a complaint under this section unless it is presented—

(a)before the end of the period of three months beginning with the date of the appointment concerned, or

(b)within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

[F2(2A)Section 207A(3) (extension because of mediation in certain European cross-border disputes) [F3and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply for the purposes of subsection (2)(a)].]

(3)Where an [F1employment tribunal] finds a complaint under this section well-founded, the tribunal shall make a declaration to that effect.

(4)If the complaint is that the employer has unreasonably refused to permit the employee to take time off, the tribunal shall also order the employer to pay to the employee [F4an amount that is twice the amount of] the remuneration to which she would have been entitled under section 56 if the employer had not refused.

(5)If the complaint is that the employer has failed to pay the employee the whole or part of any amount to which she is entitled under section 56, the tribunal shall also order the employer to pay to the employee the amount which it finds due to her.

F3[F1 57B Complaint to employment tribunal.

(1)An employee may present a complaint to an employment tribunal that his employer has unreasonably refused to permit him to take time off as required by section 57A.

(2)An employment tribunal shall not consider a complaint under this section unless it is presented—

(a)before the end of the period of three months beginning with the date when the refusal occurred, or

(b)within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

[F4(2A)Section 207A(3) (extension because of mediation in certain European cross-border disputes) [F5and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply] for the purposes of subsection (2)(a).]

(3)Where an employment tribunal finds a complaint under subsection (1) well-founded, it—

(a)shall make a declaration to that effect, and

(b)may make an award of compensation to be paid by the employer to the employee.

(4)The amount of compensation shall be such as the tribunal considers just and equitable in all the circumstances having regard to—

(a)the employer’s default in refusing to permit time off to be taken by the employee, and

(b)any loss sustained by the employee which is attributable to the matters complained of.]]

[F157ZCComplaint to employment tribunal: agency workers

  (1) An agency worker may present a complaint to an employment tribunal that the temporary work agency—

(a)has unreasonably refused to permit her to take time off as required by section 57ZA, or

(b)has failed to pay the whole or any part of any amount to which she is entitled under section 57ZB.

  (2) An agency worker may present a complaint to an employment tribunal that the hirer has unreasonably refused to permit her to take time off as required by section 57ZA.

  (3) An employment tribunal shall not consider a complaint under subsection (1) or (2) unless it is presented—

(a)before the end of the period of three months beginning with the date of the appointment concerned, or

(b)within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

[F2(3A)Section 207A(3) (extension because of mediation in certain European cross-border disputes) and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply for the purposes of subsection (3)(a).]

  (4) Where an employment tribunal finds a complaint under this section well-founded, the tribunal shall make a declaration to that effect.

  (5) If the complaint is that the temporary work agency or hirer has unreasonably refused to permit the agency worker to take time off, the tribunal shall also order payment to the agency worker of [F3an amount that is twice the amount of] the remuneration to which she would have been entitled under section 57ZB if she had not been refused the time off.

  (6) Where the tribunal orders payment under subsection (5), the amount payable by each party shall be such as may be found by the tribunal to be just and equitable having regard to the extent of each respondent's responsibility for the infringement to which the complaint relates.

(7)If the complaint is that the temporary work agency has failed to pay the agency worker the whole or part of any amount to which she is entitled under section 57ZB, the tribunal shall also order the temporary work agency to pay to the agency worker the amount which it finds due to her.]

[F157ZFComplaint to employment tribunal

(1)An employee may present a complaint to an employment tribunal that his or her employer has unreasonably refused to let him or her take time off as required by section 57ZE.

(2)An employment tribunal may not consider a complaint under this section unless it is presented—

(a)before the end of the period of three months beginning with the day of the appointment in question, or

(b)within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

(3)Sections 207A(3) and 207B apply for the purposes of subsection (2)(a).

(4)Where an employment tribunal finds a complaint under subsection (1) well-founded, it—

(a)must make a declaration to that effect, and

(b)must order the employer to pay to the employee an amount determined in accordance with subsection (5).

(5)The amount payable to the employee is—

where—
a

A is the appropriate hourly rate for the employee, and
b

B is the number of working hours for which the employee would have been entitled under section 57ZE to be absent if the time off had not been refused.

(6)The appropriate hourly rate, in relation to an employee, is the amount of one week's pay divided by the number of normal working hours in a week for that employee when employed under the contract of employment in force on the day when the time off would have been taken.

(7)But where the number of normal working hours differs from week to week or over a longer period, the amount of one week's pay shall be divided instead by—

(a)the average number of normal working hours calculated by dividing by twelve the total number of the employee's normal working hours during the period of twelve weeks ending with the last complete week before the day on which the time off would have been taken, or

(b)where the employee has not been employed for a sufficient period to enable the calculation to be made under paragraph (a), a number which fairly represents the number of normal working hours in a week having regard to such of the considerations specified in subsection ( as are appropriate in the circumstances.

(8)The considerations referred to in subsection (7)(b) are—

(a)the average number of normal working hours in a week which the employee could expect in accordance with the terms of the employee's contract, and

(b)the average number of normal working hours of other employees engaged in relevant comparable employment with the same employer.]]

[F157ZHComplaint to employment tribunal: agency workers

(1)An agency worker may present a complaint to an employment tribunal that the temporary work agency has unreasonably refused to let him or her take time off as required by section 57ZG.

(2)An agency worker may present a complaint to an employment tribunal that the hirer has unreasonably refused to let him or her take time off as required by section 57ZG.

(3)An employment tribunal may not consider a complaint under subsection (1) or (2) unless it is presented—

(a)before the end of the period of three months beginning with the day of the appointment in question, or

(b)within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

(4)Sections 207A(3) and 207B apply for the purposes of subsection (3)(a).

(5)Where an employment tribunal finds a complaint under subsection (1) or (2) well-founded, it—

(a)must make a declaration to that effect, and

(b)must order the payment to the agency worker of an amount determined in accordance with subsection (7).

(6)Where the tribunal orders that payment under subsection (5) be made by the temporary work agency and the hirer, the proportion of that amount payable by each respondent is to be such as may be found by the tribunal to be just and equitable having regard to the extent of each respondent's responsibility for the infringement to which the complaint relates.

(7)The amount payable to the agency worker is—

where—
a

A is the appropriate hourly rate for the agency worker, and
b

B is the number of working hours for which the agency worker would have been entitled under section 57ZG to be absent if the time off had not been refused.

(8)The appropriate hourly rate, in relation to an agency worker, is the amount of one week's pay divided by the number of normal working hours in a week for that agency worker in accordance with the terms under which the agency worker works temporarily for and under the supervision and direction of the hirer that are in force on the day when the time off would have been taken.

(9)But where the number of normal working hours during the assignment differs from week to week or over a longer period, the amount of one week's pay shall be divided instead by the average number of normal working hours calculated by dividing by twelve the total number of the agency worker's normal working hours during the period of twelve weeks ending with the last complete week before the day on which the time off would have been taken.]]

[F1 60 Complaints to [F2employment tribunals].

(1)An employee may present a complaint to an [F2employment tribunal] that his employer—

(a)has failed to permit him to take time off as required by section 58, or

(b)has failed to pay him in accordance with section 59.

(2)An [F2employment tribunal] shall not consider a complaint under this section unless it is presented—

(a)before the end of the period of three months beginning with the date when the failure occurred, or

(b)within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

[F3(2A)Section 207A(3) (extension because of mediation in certain European cross-border disputes) [F4and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply] for the purposes of subsection (2)(a).]

(3)Where an [F2employment tribunal] finds a complaint under subsection (1)(a) well-founded, the tribunal—

(a)shall make a declaration to that effect, and

(b)may make an award of compensation to be paid by the employer to the employee.

(4)The amount of the compensation shall be such as the tribunal considers just and equitable in all the circumstances having regard to—

(a)the employer’s default in failing to permit time off to be taken by the employee, and

(b)any loss sustained by the employee which is attributable to the matters complained of.

(5)Where on a complaint under subsection (1)(b) an [F2employment tribunal] finds that an employer has failed to pay an employee in accordance with section 59, it shall order the employer to pay the amount which it finds to be due.]

[F163 Complaints to [F2employment tribunals].

(1)An employee may present a complaint to an [F2employment tribunal] that his employer—

(a)has unreasonably refused to permit him to take time off as required by section 61, or

(b)has failed to pay the whole or any part of any amount to which the employee is entitled under section 62.

(2)An [F2employment tribunal] shall not consider a complaint under this section unless it is presented—

(a)before the end of the period of three months beginning with the day on which the time off was taken or on which it is alleged the time off should have been permitted, or

(b)within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

[F3(2A)Section 207A(3) (extension because of mediation in certain European cross-border disputes) [F4and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply] for the purposes of subsection (2)(a).]

(3)Where an [F2employment tribunal] finds a complaint under this section well-founded, the tribunal shall make a declaration to that effect.

(4)If the complaint is that the employer has unreasonably refused to permit the employee to take time off, the tribunal shall also order the employer to pay to the employee an amount equal to the remuneration to which he would have been entitled under section 62 if the employer had not refused.

(5)If the complaint is that the employer has failed to pay the employee the whole or part of any amount to which he is entitled under section 62, the tribunal shall also order the employer to pay to the employee the amount which it finds due to him.]

F2[F1 63C Complaints to employment tribunals.

(1)An employee may present a complaint to an employment tribunal that—

(a)his employer, or the principal referred to in subsection (3) of section 63A, has unreasonably refused to permit him to take time off as required by that section, or

(b)his employer has failed to pay the whole or any part of any amount to which the employee is entitled under section 63B.

(2)An employment tribunal shall not consider a complaint under this section unless it is presented—

(a)before the end of the period of three months beginning with the day on which the time off was taken or on which it is alleged the time off should have been permitted, or

(b)within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

[F3(2A)Section 207A(3) (extension because of mediation in certain European cross-border disputes) [F4and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply] for the purposes of subsection (2)(a).]

(3)Where an employment tribunal finds a complaint under this section well-founded, the tribunal shall make a declaration to that effect.

(4)If the complaint is that the employer or the principal has unreasonably refused to permit the employee to take time off, the tribunal shall also order the employer or the principal, as the case may be, to pay to the employee an amount equal to the remuneration to which he would have been entitled under section 63B if the employer or the principal had not refused.

(5)If the complaint is that the employer has failed to pay the employee the whole or part of any amount to which he is entitled under section 63B, the tribunal shall also order the employer to pay to the employee the amount which it finds due to him.]

Remedies

30.—(1) A worker may present a complaint to an employment tribunal that his employer—

(a)has refused to permit him to exercise any right he has under—

(i)regulation 10(1) or (2), 11(1), (2) or (3), 12(1) or (4) or 13(1);

(ii)regulation 24, in so far as it applies where regulation 10(1), 11(1) or (2) or 12(1) is modified or excluded; or

(iii)regulation 25(3) or 27(2); or

(b)has failed to pay him the whole or any part of any amount due to him under regulation 14(2) or 16(1).

(2) An employment tribunal shall not consider a complaint under this regulation unless it is presented—

(a)before the end of the period of three months (or, in a case to which regulation 38(2) applies, six months) beginning with the date on which it is alleged that the exercise of the right should have been permitted (or in the case of a rest period or leave extending over more than one day, the date on which it should have been permitted to begin) or, as the case may be, the payment should have been made;

(b)within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three or, as the case may be, six months.

(3) Where an employment tribunal finds a complaint under paragraph (1)(a) well-founded, the tribunal—

(a)shall make a declaration to that effect, and

(b)may make an award of compensation to be paid by the employer to the worker.

(4) The amount of the compensation shall be such as the tribunal considers just and equitable in all the circumstances having regard to—

(a)the employer’s default in refusing to permit the worker to exercise his right, and

(b)any loss sustained by the worker which is attributable to the matters complained of.

(5) Where on a complaint under paragraph (1)(b) an employment tribunal finds that an employer has failed to pay a worker in accordance with regulation 14(2) or 16(1), it shall order the employer to pay to the worker the amount which it finds to be due to him.

11 Failure of employer to allow access to records.

(1)A complaint may be presented to an employment tribunal by a worker on the ground that the employer—

(a)failed to produce some or all of the relevant records in accordance with subsections ( and (9) of section 10 above; or

(b)failed to allow the worker to exercise some or all of the rights conferred by subsection (1)(b) or (4)(b) of that section.

(2)Where an employment tribunal finds a complaint under this section well-founded, the tribunal shall—

(a)make a declaration to that effect; and

(b)make an award that the employer pay to the worker a sum equal to 80 times the hourly amount of the national minimum wage (as in force when the award is made).

(3)An employment tribunal shall not consider a complaint under this section unless it is presented to the tribunal before the expiry of the period of three months following—

(a)the end of the period of fourteen days mentioned in paragraph (a) of subsection (9) of section 10 above; or

(b)in a case where a later day was agreed under paragraph (b) of that subsection, that later day.

(4)Where the employment tribunal is satisfied that it was not reasonably practicable for a complaint under this section to be presented before the expiry of the period of three months mentioned in subsection (3) above, the tribunal may consider the complaint if it is presented within such further period as the tribunal considers reasonable.

(5)Expressions used in this section and in section 10 above have the same meaning in this section as they have in that section.

18 Enforcement in the case of special classes of worker.

(1)If the persons who are the worker and the employer for the purposes of section 17 above would not (apart from this section) fall to be regarded as the worker and the employer for the purposes of—

(a)Part II of the M1Employment Rights Act 1996 (protection of wages), or

(b)in relation to Northern Ireland, Part IV of the M2Employment Rights (Northern Ireland) Order 1996,

they shall be so regarded for the purposes of the application of that Part in relation to the entitlement conferred by that section.

(2)In the application by virtue of subsection (1) above of—

(a)Part II of the M3Employment Rights Act 1996, or

(b)Part IV of the M4Employment Rights (Northern Ireland) Order 1996,

in a case where there is or was, for the purposes of that Part, no worker’s contract between the persons who are the worker and the employer for the purposes of section 17 above, it shall be assumed that there is or, as the case may be, was such a contract.

(3)For the purpose of enabling the amount described as additional remuneration in subsection (1) of section 17 above to be recovered in civil proceedings on a claim in contract in a case where in fact there is or was no worker’s contract between the persons who are the worker and the employer for the purposes of that section, it shall be assumed for the purpose of any civil proceedings, so far as relating to that amount, that there is or, as the case may be, was such a contract.

24 Enforcement of the right.

(1)A worker may present a complaint to an employment tribunal that he has been subjected to a detriment in contravention of section 23 above.

(2)Subject to the following provisions of this section, the provisions of—

(a)sections 48(2) to (4) and 49 of the M1Employment Rights Act 1996 (complaints to employment tribunals and remedies), or

(b)in relation to Northern Ireland, Articles 71(2) to (4) and 72 of the M2Employment Rights (Northern Ireland) Order 1996 (complaints to industrial tribunals and remedies),

shall apply in relation to a complaint under this section as they apply in relation to a complaint under section 48 of that Act or Article 71 of that Order (as the case may be), but taking references in those provisions to the employer as references to the employer within the meaning of section 23(1) above.

(3)Where—

(a)the detriment to which the worker is subjected is the termination of his worker’s contract, but

(b)that contract is not a contract of employment,

any compensation awarded under section 49 of the M3Employment Rights Act 1996 or Article 72 of the M4Employment Rights (Northern Ireland) Order 1996 by virtue of subsection (2) above must not exceed the limit specified in subsection (4) below.

(4)The limit mentioned in subsection (3) above is the total of—

(a)the sum which would be the basic award for unfair dismissal, calculated in accordance with section 119 of the M5Employment Rights Act 1996 or Article 153 of the M6Employment Rights (Northern Ireland) Order 1996 (as the case may be), if the worker had been an employee and the contract terminated had been a contract of employment; and

(b)the sum for the time being specified in section 124(1) of that Act or Article 158(1) of that Order (as the case may be) which is the limit for a compensatory award to a person calculated in accordance with section 123 of that Act or Article 157 of that Order (as the case may be).

(5)Where the worker has been working under arrangements which do not fall to be regarded as a worker’s contract for the purposes of—

(a)the M7Employment Rights Act 1996, or

(b)in relation to Northern Ireland, the M8Employment Rights (Northern Ireland) Order 1996,

he shall be treated for the purposes of subsections (3) and (4) above as if any arrangements under which he has been working constituted a worker’s contract falling within section 230(3)(b) of that Act or Article 3(3)(b) of that Order (as the case may be).

120Jurisdiction

(1)An employment tribunal has, subject to section 121, jurisdiction to determine a complaint relating to—

(a)a contravention of Part 5 (work);

(b)a contravention of section 108, 111 or 112 that relates to Part 5.

(2)An employment tribunal has jurisdiction to determine an application by a responsible person (as defined by section 61) for a declaration as to the rights of that person and a worker in relation to a dispute about the effect of a non-discrimination rule.

(3)An employment tribunal also has jurisdiction to determine an application by the trustees or managers of an occupational pension scheme for a declaration as to their rights and those of a member in relation to a dispute about the effect of a non-discrimination rule.

(4)An employment tribunal also has jurisdiction to determine a question that—

(a)relates to a non-discrimination rule, and

(b)is referred to the tribunal by virtue of section 122.

(5)In proceedings before an employment tribunal on a complaint relating to a breach of a non-discrimination rule, the employer—

(a)is to be treated as a party, and

(b)is accordingly entitled to appear and be heard.

(6)Nothing in this section affects such jurisdiction as the High Court, [F1the county court], the Court of Session or the sheriff has in relation to a non-discrimination rule.

(7)Subsection (1)(a) does not apply to a contravention of section 53 in so far as the act complained of may, by virtue of an enactment, be subject to an appeal or proceedings in the nature of an appeal.

(8)In subsection (1), the references to Part 5 do not include a reference to section 60(1).

127Jurisdiction

(1)An employment tribunal has, subject to subsection (6), jurisdiction to determine a complaint relating to a breach of an equality clause or rule.

(2)The jurisdiction conferred by subsection (1) includes jurisdiction to determine a complaint arising out of a breach of an equality clause or rule; and a reference in this Chapter to a complaint relating to such a breach is to be read accordingly.

(3)An employment tribunal also has jurisdiction to determine an application by a responsible person for a declaration as to the rights of that person and a worker in relation to a dispute about the effect of an equality clause or rule.

(4)An employment tribunal also has jurisdiction to determine an application by the trustees or managers of an occupational pension scheme for a declaration as to their rights and those of a member in relation to a dispute about the effect of an equality rule.

(5)An employment tribunal also has jurisdiction to determine a question that—

(a)relates to an equality clause or rule, and

(b)is referred to the tribunal by virtue of section 128(2).

(6)This section does not apply to a complaint relating to an act done when the complainant was serving as a member of the armed forces unless—

(a)the complainant has made a service complaint about the matter, and

(b)the complaint has not been withdrawn.

(7)Subsections (2) to (5) of section 121 apply for the purposes of subsection (6) of this section as they apply for the purposes of subsection (1) of that section.

(8)In proceedings before an employment tribunal on a complaint relating to a breach of an equality rule, the employer—

(a)is to be treated as a party, and

(b)is accordingly entitled to appear and be heard.

(9)Nothing in this section affects such jurisdiction as the High Court, [F1the county court], the Court of Session or the sheriff has in relation to an equality clause or rule.

2 Procedure before tribunal in certain cases.

(1)Any claim in respect of the contravention of a term modified or included by virtue of an equality clause, including a claim for arrears of remuneration or damages in respect of the contravention, may be presented by way of a complaint to an [F1employment tribunal].

(1A)Where a dispute arises in relation to the effect of an equality clause the employer may apply to an [F1employment tribunal] for an order declaring the rights of the employer and the employee in relation to the matter in question.

(2)Where it appears to the Secretary of State that there may be a question whether the employer of any women is or has been contravening a term modified or included by virtue of their equality clauses, but that it is not reasonable to expect them to take steps to have the question determined, the question may be referred by him as respects all or any of them to an [F1employment tribunal] and shall be dealt with as if the reference were of a claim by the women or woman against the employer.

(3)Where it appears to the court in which any proceedings are pending that a claim or counterclaim in respect of the operation of an equality clause could more conveniently be disposed of separately by an [F1employment tribunal], the court may direct that the claim or counterclaim shall be struck out; and (without prejudice to the foregoing) where in proceedings before any court a question arises as to the operation of an equality clause, the court may on the application of any party to the proceedings or otherwise refer that question, or direct it to be referred by a party to the proceedings, to an [F1employment tribunal] for determination by the tribunal, and may stay or sist the proceedings in the meantime.

(4)No claim in respect of the operation of an equality clause relating to a woman’s employment shall be referred to an [F1employment tribunal] otherwise than by virtue of subsection (3) above, if she has not been employed in the employment within the six months preceding the date of the reference.

(5)A woman shall not be entitled, in proceedings brought in respect of a failure to comply with an equality clause (including proceedings before an [F1employment tribunal]), to be awarded any payment by way of arrears of remuneration or damages in respect of a time earlier than two years before the date on which the proceedings were instituted.

F2(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

120Jurisdiction

(1)An employment tribunal has, subject to section 121, jurisdiction to determine a complaint relating to—

(a)a contravention of Part 5 (work);

(b)a contravention of section 108, 111 or 112 that relates to Part 5.

(2)An employment tribunal has jurisdiction to determine an application by a responsible person (as defined by section 61) for a declaration as to the rights of that person and a worker in relation to a dispute about the effect of a non-discrimination rule.

(3)An employment tribunal also has jurisdiction to determine an application by the trustees or managers of an occupational pension scheme for a declaration as to their rights and those of a member in relation to a dispute about the effect of a non-discrimination rule.

(4)An employment tribunal also has jurisdiction to determine a question that—

(a)relates to a non-discrimination rule, and

(b)is referred to the tribunal by virtue of section 122.

(5)In proceedings before an employment tribunal on a complaint relating to a breach of a non-discrimination rule, the employer—

(a)is to be treated as a party, and

(b)is accordingly entitled to appear and be heard.

(6)Nothing in this section affects such jurisdiction as the High Court, [F1the county court], the Court of Session or the sheriff has in relation to a non-discrimination rule.

(7)Subsection (1)(a) does not apply to a contravention of section 53 in so far as the act complained of may, by virtue of an enactment, be subject to an appeal or proceedings in the nature of an appeal.

(8)In subsection (1), the references to Part 5 do not include a reference to section 60(1).

63 Jurisdiction of [F1employment tribunals].

(1)A complaint by any person (“the complainant”) that another person (“the respondent”)—

(a)has committed an act of discrimination [F2or harassment] against the complainant which is unlawful by virtue of Part II [F3or section 35A or 35B] , or

(b)is by virtue of section 41 or 42 to be treated as having committed such an act of discrimination [F2or harassment] against the complainant,

may be presented to an [F4employment tribunal].

(2)Subsection (1) does not apply to a complaint under section 13(1) of an act in respect of which an appeal, or proceedings in the nature of an appeal, may be brought under any enactment.

120 Jurisdiction

(1)An employment tribunal has, subject to section 121, jurisdiction to determine a complaint relating to—

(a)a contravention of Part 5 (work);

(b)a contravention of section 108, 111 or 112 that relates to Part 5.

(2)An employment tribunal has jurisdiction to determine an application by a responsible person (as defined by section 61) for a declaration as to the rights of that person and a worker in relation to a dispute about the effect of a non-discrimination rule.

(3)An employment tribunal also has jurisdiction to determine an application by the trustees or managers of an occupational pension scheme for a declaration as to their rights and those of a member in relation to a dispute about the effect of a non-discrimination rule.

(4)An employment tribunal also has jurisdiction to determine a question that—

(a)relates to a non-discrimination rule, and

(b)is referred to the tribunal by virtue of section 122.

(5)In proceedings before an employment tribunal on a complaint relating to a breach of a non-discrimination rule, the employer—

(a)is to be treated as a party, and

(b)is accordingly entitled to appear and be heard.

(6)Nothing in this section affects such jurisdiction as the High Court, [F1the county court], the Court of Session or the sheriff has in relation to a non-discrimination rule.

(7)Subsection (1)(a) does not apply to a contravention of section 53 in so far as the act complained of may, by virtue of an enactment, be subject to an appeal or proceedings in the nature of an appeal.

(8)In subsection (1), the references to Part 5 do not include a reference to section 60(1).

120 Jurisdiction

(1)An employment tribunal has, subject to section 121, jurisdiction to determine a complaint relating to—

(a)a contravention of Part 5 (work);

(b)a contravention of section 108, 111 or 112 that relates to Part 5.

(2)An employment tribunal has jurisdiction to determine an application by a responsible person (as defined by section 61) for a declaration as to the rights of that person and a worker in relation to a dispute about the effect of a non-discrimination rule.

(3)An employment tribunal also has jurisdiction to determine an application by the trustees or managers of an occupational pension scheme for a declaration as to their rights and those of a member in relation to a dispute about the effect of a non-discrimination rule.

(4)An employment tribunal also has jurisdiction to determine a question that—

(a)relates to a non-discrimination rule, and

(b)is referred to the tribunal by virtue of section 122.

(5)In proceedings before an employment tribunal on a complaint relating to a breach of a non-discrimination rule, the employer—

(a)is to be treated as a party, and

(b)is accordingly entitled to appear and be heard.

(6)Nothing in this section affects such jurisdiction as the High Court, [F1the county court], the Court of Session or the sheriff has in relation to a non-discrimination rule.

(7)Subsection (1)(a) does not apply to a contravention of section 53 in so far as the act complained of may, by virtue of an enactment, be subject to an appeal or proceedings in the nature of an appeal.

(8)In subsection (1), the references to Part 5 do not include a reference to section 60(1).

[F517A Enforcement, remedies and procedure.

(1) A complaint by any person that another person—

(a) has discriminated against him [F6, or subjected him to harassment,] in a way which is unlawful under this Part, or

(b) is, by virtue of section 57 or 58, to be treated as having [F7done so],

may be presented to an [F8employment tribunal]].

[F9(1A) Subsection (1) does not apply to a complaint under section 14A(1) or (2) of an act in respect of which an appeal, or proceedings in the nature of an appeal, may be brought under any enactment.

(1B) F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1C) Where, on the hearing of a complaint under subsection (1), the complainant proves facts from which the tribunal could, apart from this subsection, conclude in the absence of an adequate explanation that the respondent has acted in a way which is unlawful under this Part, the tribunal shall uphold the complaint unless the respondent proves that he did not so act.]

(2) Where an [F11employment tribunal] finds that a complaint presented to it under this section is well-founded, it shall take such of the following steps as it considers just and equitable—

(a) making a declaration as to the rights of the complainant and the respondent in relation to the matters to which the complaint relates;

(b) ordering the respondent to pay compensation to the complainant;

(c) recommending that the respondent take, within a specified period, action appearing to the tribunal to be reasonable, in all the circumstances of the case, for the purpose of obviating or reducing the adverse effect on the complainant of any matter to which the complaint relates.

(3) Where a tribunal orders compensation under subsection (2)(b), the amount of the compensation shall be calculated by applying the principles applicable to the calculation of damages in claims in tort or (in Scotland) in reparation for breach of statutory duty.

(4) For the avoidance of doubt it is hereby declared that compensation in respect of discrimination in a way which is unlawful under this Part may include compensation for injury to feelings whether or not it includes compensation under any other head.

(5) If the respondent to a complaint fails, without reasonable justification, to comply with a recommendation made by an [F12employment tribunal] under subsection (2)(c) the tribunal may, if it thinks it just and equitable to do so—

(a) increase the amount of compensation required to be paid to the complainant in respect of the complaint, where an order was made under subsection (2)(b); or

(b) make an order under subsection (2)(b).

(6) Regulations may make provision—

(a) for enabling a tribunal, where an amount of compensation falls to be awarded under subsection (2)(b), to include in the award interest on that amount; and

(b) specifying, for cases where a tribunal decides that an award is to include an amount in respect of interest, the manner in which and the periods and rate by reference to which the interest is to be determined.

(7) Regulations may modify the operation of any order made under [F13section 14 of [F14the Employment Tribunals Act 1996]] (power to make provision as to interest on sums payable in pursuance of [F15employment tribunal] decisions) to the extent that it relates to an award of compensation under subsection (2)(b).

( Part I of Schedule 3 makes further provision about the enforcement of this Part and about procedure.

120 Jurisdiction

(1)An employment tribunal has, subject to section 121, jurisdiction to determine a complaint relating to—

(a)a contravention of Part 5 (work);

(b)a contravention of section 108, 111 or 112 that relates to Part 5.

(2)An employment tribunal has jurisdiction to determine an application by a responsible person (as defined by section 61) for a declaration as to the rights of that person and a worker in relation to a dispute about the effect of a non-discrimination rule.

(3)An employment tribunal also has jurisdiction to determine an application by the trustees or managers of an occupational pension scheme for a declaration as to their rights and those of a member in relation to a dispute about the effect of a non-discrimination rule.

(4)An employment tribunal also has jurisdiction to determine a question that—

(a)relates to a non-discrimination rule, and

(b)is referred to the tribunal by virtue of section 122.

(5)In proceedings before an employment tribunal on a complaint relating to a breach of a non-discrimination rule, the employer—

(a)is to be treated as a party, and

(b)is accordingly entitled to appear and be heard.

(6)Nothing in this section affects such jurisdiction as the High Court, [F1the county court], the Court of Session or the sheriff has in relation to a non-discrimination rule.

(7)Subsection (1)(a) does not apply to a contravention of section 53 in so far as the act complained of may, by virtue of an enactment, be subject to an appeal or proceedings in the nature of an appeal.

(8)In subsection (1), the references to Part 5 do not include a reference to section 60(1).

Jurisdiction of employment tribunals

28.—(1) A complaint by any person (“the complainant”) that another person (“the respondent”)—

(a)has committed against the complainant an act to which this regulation applies; or

(b) is by virtue of regulation 22 (liability of employers and principals) or 23 (aiding unlawful acts) to be treated as having committed against the complainant such an act, may be presented to an employment tribunal.

(2) This regulation applies to any act of discrimination or harassment which is unlawful by virtue of any provision of Part II other than—

(a) where the act is one in respect of which an appeal or proceedings in the nature of an appeal may be brought under any enactment, regulation 16 (qualifications bodies);

(b) regulation 20 (institutions of further and higher education); or

(c) where the act arises out of and is closely connected to a relationship between the complainant and the respondent which has come to an end but during the course of which an act of discrimination against, or harassment of, the complainant by the respondent would have been unlawful by virtue of regulation 20, regulation 21 (relationships which have come to an end).

(3) In paragraph (2)(c), reference to an act of discrimination or harassment which would have been unlawful includes, in the case of a relationship which has come to an end before the coming into force of these Regulations, reference to an act of discrimination or harassment which would, after the coming into force of these Regulations, have been unlawful.

(4) In this regulation, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

120 Jurisdiction

(1)An employment tribunal has, subject to section 121, jurisdiction to determine a complaint relating to—

(a)a contravention of Part 5 (work);

(b)a contravention of section 108, 111 or 112 that relates to Part 5.

(2)An employment tribunal has jurisdiction to determine an application by a responsible person (as defined by section 61) for a declaration as to the rights of that person and a worker in relation to a dispute about the effect of a non-discrimination rule.

(3)An employment tribunal also has jurisdiction to determine an application by the trustees or managers of an occupational pension scheme for a declaration as to their rights and those of a member in relation to a dispute about the effect of a non-discrimination rule.

(4)An employment tribunal also has jurisdiction to determine a question that—

(a)relates to a non-discrimination rule, and

(b)is referred to the tribunal by virtue of section 122.

(5)In proceedings before an employment tribunal on a complaint relating to a breach of a non-discrimination rule, the employer—

(a)is to be treated as a party, and

(b)is accordingly entitled to appear and be heard.

(6)Nothing in this section affects such jurisdiction as the High Court, [F1the county court], the Court of Session or the sheriff has in relation to a non-discrimination rule.

(7)Subsection (1)(a) does not apply to a contravention of section 53 in so far as the act complained of may, by virtue of an enactment, be subject to an appeal or proceedings in the nature of an appeal.

(8)In subsection (1), the references to Part 5 do not include a reference to section 60(1).

Jurisdiction of employment tribunals

28.—(1) A complaint by any person (“the complainant”) that another person (“the respondent”)—

(a)has committed against the complainant an act to which this regulation applies; or

(b) is by virtue of regulation 22 (liability of employers and principals) or 23 (aiding unlawful acts) to be treated as having committed against the complainant such an act, may be presented to an employment tribunal.

(2) This regulation applies to any act of discrimination or harassment which is unlawful by virtue of any provision of Part II other than—

(a) where the act is one in respect of which an appeal or proceedings in the nature of an appeal may be brought under any enactment, regulation 16 (qualifications bodies);

(b) regulation 20 (institutions of further and higher education); or

(c) where the act arises out of and is closely connected to a relationship between the complainant and the respondent which has come to an end but during the course of which an act of discrimination against, or harassment of, the complainant by the respondent would have been unlawful by virtue of regulation 20, regulation 21 (relationships which have come to an end).

(3) In paragraph (2)(c), reference to an act of discrimination or harassment which would have been unlawful includes, in the case of a relationship which has come to an end before the coming into force of these Regulations, reference to an act of discrimination or harassment which would, after the coming into force of these Regulations, have been unlawful.

(4) In this regulation, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

120 Jurisdiction

(1)An employment tribunal has, subject to section 121, jurisdiction to determine a complaint relating to—

(a)a contravention of Part 5 (work);

(b)a contravention of section 108, 111 or 112 that relates to Part 5.

(2)An employment tribunal has jurisdiction to determine an application by a responsible person (as defined by section 61) for a declaration as to the rights of that person and a worker in relation to a dispute about the effect of a non-discrimination rule.

(3)An employment tribunal also has jurisdiction to determine an application by the trustees or managers of an occupational pension scheme for a declaration as to their rights and those of a member in relation to a dispute about the effect of a non-discrimination rule.

(4)An employment tribunal also has jurisdiction to determine a question that—

(a)relates to a non-discrimination rule, and

(b)is referred to the tribunal by virtue of section 122.

(5)In proceedings before an employment tribunal on a complaint relating to a breach of a non-discrimination rule, the employer—

(a)is to be treated as a party, and

(b)is accordingly entitled to appear and be heard.

(6)Nothing in this section affects such jurisdiction as the High Court, [F1the county court], the Court of Session or the sheriff has in relation to a non-discrimination rule.

(7)Subsection (1)(a) does not apply to a contravention of section 53 in so far as the act complained of may, by virtue of an enactment, be subject to an appeal or proceedings in the nature of an appeal.

(8)In subsection (1), the references to Part 5 do not include a reference to section 60(1).

Jurisdiction of employment tribunals

36.—(1) A complaint by any person (“the complainant”) that another person (“the respondent”)—

(a) has committed against the complainant an act to which this regulation applies; or

(b) is by virtue of regulation 25 (liability of employers and principals) or 26 (aiding unlawful acts) to be treated as having committed against the complainant such an act; may be presented to an employment tribunal.

(2) This regulation applies to any act of discrimination or harassment which is unlawful by virtue of any provision of Part 2 other than—

(a) where the act is one in respect of which an appeal or proceedings in the nature of an appeal may be brought under any enactment, regulation 19 (qualifications bodies);

(b) regulation 23 (institutions of further and higher education); or

(c) where the act arises out of and is closely connected to a relationship between the complainant and the respondent which has come to an end but during the course of which an act of discrimination against, or harassment of, the complainant by the respondent would have been unlawful by virtue of regulation 23, regulation 24 (relationships which have come to an end).

(3) In paragraph (2)(c), reference to an act of discrimination or harassment which would have been unlawful includes, in the case of a relationship which has come to an end before the coming into force of these Regulations, reference to an act of discrimination or harassment which would, after the coming into force of these Regulations, have been unlawful.

(4) In this regulation, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

Complaints to employment tribunals etc.

8.—(1) Subject to regulation 7(5), a worker may present a complaint to an employment tribunal that his employer has infringed a right conferred on him by regulation 5 or 7(2).

(2) Subject to paragraph (3), an employment tribunal shall not consider a complaint under this regulation unless it is presented before the end of the period of three months (or, in a case to which regulation 13 applies, six months) beginning with the date of the less favourable treatment or detriment to which the complaint relates or, where an act or failure to act is part of a series of similar acts or failures comprising the less favourable treatment or detriment, the last of them.

(3) A tribunal may consider any such complaint which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.

(4) For the purposes of calculating the date of the less favourable treatment or detriment under paragraph (2)—

(a) where a term in a contract is less favourable, that treatment shall be treated, subject to paragraph (b), as taking place on each day of the period during which the term is less favourable;

(b) where an application relies on regulation 3 or 4 the less favourable treatment shall be treated as occurring on, and only on, in the case of regulation 3, the first day on which the applicant worked under the new or varied contract and, in the case of regulation 4, the day on which the applicant returned; and

(c) a deliberate failure to act contrary to regulation 5 or 7(2) shall be treated as done when it was decided on.

(5) In the absence of evidence establishing the contrary, a person shall be taken for the purposes of paragraph (4)(c) to decide not to act—

(a) when he does an act inconsistent with doing the failed act; or

(b) if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to have done the failed act if it was to be done.

(6) Where a worker presents a complaint under this regulation it is for the employer to identify the ground for the less favourable treatment or detriment.

(7) Where an employment tribunal finds that a complaint presented to it under this regulation is well founded, it shall take such of the following steps as it considers just and equitable—

(a) making a declaration as to the rights of the complainant and the employer in relation to the matters to which the complaint relates;

(b) ordering the employer to pay compensation to the complainant;

(c) recommending that the employer take, within a specified period, action appearing to the tribunal to be reasonable, in all the circumstances of the case, for the purpose of obviating or reducing the adverse effect on the complainant of any matter to which the complaint relates.

(8) Where a tribunal finds a complaint to be well founded on the ground that the complainant has been treated less favourably in respect of either the terms on which he is afforded access to membership of an occupational pension scheme or his treatment under the rules of such a scheme, the steps taken by a tribunal under paragraph (7) as regards that less favourable treatment shall not relate to a period earlier than two years before the date on which the complaint was presented.

(9) Where a tribunal orders compensation under paragraph (7)(b), the amount of the compensation awarded shall be such as the tribunal considers just and equitable in all the circumstances (subject to paragraph (8)) having regard to—

(a) the infringement to which the complaint relates, and

(b) any loss which is attributable to the infringement having regard, in the case of an infringement of the right conferred by regulation 5, to the pro rata principle except where it is inappropriate to do so.

(10) The loss shall be taken to include—

(a) any expenses reasonably incurred by the complainant in consequence of the infringement, and

(b) loss of any benefit which he might reasonably be expected to have had but for the infringement.

(11) Compensation in respect of treating a worker in a manner which infringes the right conferred on him by regulation 5 shall not include compensation for injury to feelings.

(12) In ascertaining the loss the tribunal shall apply the same rule concerning the duty of a person to mitigate his loss as applies to damages recoverable under the common law of England and Wales or (as the case may be) Scotland.

(13) Where the tribunal finds that the act, or failure to act, to which the complaint relates was to any extent caused or contributed to by action of the complainant, it shall reduce the amount of the compensation by such proportion as it considers just and equitable having regard to that finding.

(14) If the employer fails, without reasonable justification, to comply with a recommendation made by an employment tribunal under paragraph (7)(c) the tribunal may, if it thinks it just and equitable to do so—

(a) increase the amount of compensation required to be paid to the complainant in respect of the complaint, where an order was made under paragraph (7)(b); or

(b) make an order under paragraph (7)(b).

Complaints to employment tribunals etc.

7.—(1) An employee may present a complaint to an employment tribunal that his employer has infringed a right conferred on him by regulation 3, or (subject to regulation 6(5)), regulation 6(2).

(2) Subject to paragraph (3), an employment tribunal shall not consider a complaint under this regulation unless it is presented before the end of the period of three months beginning—

(a) in the case of an alleged infringement of a right conferred by regulation 3(1) or 6(2), with the date of the less favourable treatment or detriment to which the complaint relates or, where an act or failure to act is part of a series of similar acts or failures comprising the less favourable treatment or detriment, the last of them;

(b) in the case of an alleged infringement of the right conferred by regulation 3(6), with the date, or if more than one the last date, on which other individuals, whether or not employees of the employer, were informed of the vacancy.

(3) A tribunal may consider any such complaint which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.

(4) For the purposes of calculating the date of the less favourable treatment or detriment under paragraph (2)(a)—

(a) where a term in a contract is less favourable, that treatment shall be treated, subject to paragraph (b), as taking place on each day of the period during which the term is less favourable;

(b) a deliberate failure to act contrary to regulation 3 or 6(2) shall be treated as done when it was decided on.

(5) In the absence of evidence establishing the contrary, a person shall be taken for the purposes of paragraph (4)(b) to decide not to act—

(a) when he does an act inconsistent with doing the failed act; or

(b) if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to have done the failed act if it was to be done.

(6) Where an employee presents a complaint under this regulation in relation to a right conferred on him by regulation 3 or 6(2) it is for the employer to identify the ground for the less favourable treatment or detriment.

(7) Where an employment tribunal finds that a complaint presented to it under this regulation is well founded, it shall take such of the following steps as it considers just and equitable—

(a) making a declaration as to the rights of the complainant and the employer in relation to the matters to which the complaint relates;

(b) ordering the employer to pay compensation to the complainant;

(c) recommending that the employer take, within a specified period, action appearing to the tribunal to be reasonable, in all the circumstances of the case, for the purpose of obviating or reducing the adverse effect on the complainant of any matter to which the complaint relates.

(8) Where a tribunal orders compensation under paragraph (7)(b), the amount of the compensation awarded shall be such as the tribunal considers just and equitable in all the circumstances having regard to—

(a) the infringement to which the complaint relates, and

(b) any loss which is attributable to the infringement.

(9) The loss shall be taken to include—

(a) any expenses reasonably incurred by the complainant in consequence of the infringement, and

(b) loss of any benefit which he might reasonably be expected to have had but for the infringement.

(10) Compensation in respect of treating an employee in a manner which infringes the right conferred on him by regulation 3 shall not include compensation for injury to feelings.

(11) In ascertaining the loss the tribunal shall apply the same rule concerning the duty of a person to mitigate his loss as applies to damages recoverable under the common law of England and Wales or (as the case may be) the law of Scotland.

(12) Where the tribunal finds that the act, or failure to act, to which the complaint relates was to any extent caused or contributed to by action of the complainant, it shall reduce the amount of the compensation by such proportion as it considers just and equitable having regard to that finding.

(13) If the employer fails, without reasonable justification, to comply with a recommendation made by an employment tribunal under paragraph (7)(c) the tribunal may, if it thinks it just and equitable to do so—

(a) increase the amount of compensation required to be paid to the complainant in respect of the complaint, where an order was made under paragraph (7)(b); or

(b) make an order under paragraph (7)(b).

Right to time off: complaints to tribunals

27.—(1) An employee may present a complaint, in Great Britain to an employment tribunal and in Northern Ireland to an industrial tribunal, that his employer—

(a) has unreasonably refused to permit him to take time off as required by regulation 25; or

(b) has failed to pay the whole or any part of any amount to which the employee is entitled under regulation 26.

(2) A tribunal shall not consider a complaint under this regulation unless it is presented—

(a) before the end of the period of three months beginning with the day on which the time off was taken or on which it is alleged the time off should have been permitted; or

(b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

(3) Where a tribunal finds a complaint under this regulation well-founded, the tribunal shall make a declaration to that effect.

(4) If the complaint is that the employer has unreasonably refused to permit the employee to take time off, the tribunal shall also order the employer to pay to the employee an amount equal to the remuneration to which he would have been entitled under regulation 26 if the employer had not refused.

(5) If the complaint is that the employer has failed to pay the employee the whole or part of any amount to which he is entitled under regulation 26, the tribunal shall also order the employer to pay to the employee the amount which it finds due to him.

Detriment: enforcement and subsidiary provisions

32.—(1) An employee may present a complaint, in Great Britain to an employment tribunal and in Northern Ireland to an industrial tribunal, that he has been subjected to a detriment in contravention of regulation 31.
(2) The provisions of—

(a) sections 48(2) to (4) and 49 of the 1996 Act(1) (complaints to employment tribunals and remedies); or

(b) in relation to Northern Ireland, Articles 71(2) to (4) and 72 of the 1996 Order(2) (complaints to industrial tribunals and remedies);

shall apply in relation to a complaint under this regulation as they apply in relation to a complaint under section 48 of that Act or Article 71 of that Order (as the case may be), but taking references in those provisions to the employer as references to the employer within the meaning of regulation 31(1) above.

(3) Regulation 31 does not apply where the detriment in question amounts to dismissal.

Right to time off: complaint to tribunals

29.—(1) An employee may present a complaint to an employment tribunal that his employer—

(a) has unreasonably refused to permit him to take time off as required by regulation 27; or

(b) has failed to pay the whole or part of any amount to which the employee is entitled under regulation 28.

(2) A tribunal shall not consider a complaint under this regulation unless it is presented—

(a) before the end of the period of three months beginning with the day on which the time off was taken or on which it is alleged the time off should have been permitted; or

(b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

(3) Where a tribunal finds a complaint under this regulation well-founded, the tribunal shall make a declaration to that effect.

(4) If the complaint is that the employer has unreasonably refused to permit the employee to take time off, the tribunal shall also order the employer to pay to the employee an amount equal to the remuneration to which he would have been entitled under regulation 28 if the employer had not refused.

(5) If the complaint is that the employer has failed to pay the employee the whole or part of any amount to which he is entitled under regulation 28, the tribunal shall also order the employer to pay to the employee the amount it finds due to him.

Detriment: enforcement and subsidiary provisions

33.—(1) An employee may present a complaint to an employment tribunal that he has been subjected to a detriment in contravention of regulation 32.

(2) The provisions of sections 48(2) to (4) and 49(1) to (5) of the 1996 Act(1) (complaints to employment tribunals and remedies) shall apply in relation to a complaint under this regulation as they apply in relation to a complaint under section 48 of the Act but taking references to the employer as references to the employer within the meaning of regulation 32(1) above.

Right to time off: complaints to employment tribunals



45.—(1) An employee may present a complaint to an employment tribunal that his employer—

(a) has unreasonably refused to permit him to take time off as required under regulation 43; or

(b) has failed to pay the whole or any part of any amount to which the employee is entitled under regulation 44.

(2) An employment tribunal shall not consider a complaint under this regulation unless it is presented—

(a) before the end of the period of three months beginning with the day on which the time off was taken or on which it is alleged the time off should have been permitted; or

(b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

(3) Where an employment tribunal finds a complaint under this regulation well-founded, the tribunal shall make a declaration to that effect.

(4) If the complaint is that the employer has unreasonably refused to permit the employee to take time off, the tribunal shall also order the employer to pay to the employee an amount equal to the remuneration to which he would have been entitled under regulation 44 if the employer had not refused.

(5) If the complaint is that the employer has failed to pay the employee the whole or part of any amount to which he is entitled under regulation 44, the tribunal shall also order him to pay to the employee the amount which it finds is due to him.

Detriment: enforcement and subsidiary provisions

51.—(1) An employee may present a complaint to an employment tribunal that he has been subjected to a detriment in contravention of regulation 49 or 50.

(2) The provisions of section 49(1) to (5)(1) of the 1996 Act shall apply in relation to a complaint under this regulation.