Employment Rights Act 1996

[F1 80H Complaints to employment tribunals E+W+S

(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 [F4 under subsection (1)(a) or (b)] may be made in respect of an application which has been disposed of by agreement or withdrawn.

[F5 (3) In the case of an application which has not been disposed of by agreement or withdrawn, no complaint under subsection (1)(a) or (b) may be made until—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 [F8 relevant 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) [F10 and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply] for the purposes of subsection (5)(a).]]

Textual Amendments

F1 Pt. 8A inserted (6.4.2003) by Employment Act 2002 (c. 22), s. 47(2); S.I. 2002/2866, art. 2(3), Sch. 1 Pt. 3

F2 Word in s. 80H(1) repealed (30.6.2014) by Children and Families Act 2014 (c. 6), ss. 133(2)(a), 139(6); S.I. 2014/1640, art. 3(1)(m) (with art. 10)

F3 S. 80H(1)(c) and word preceding it inserted (30.6.2014) by Children and Families Act 2014 (c. 6), ss. 133(2)(b), 139(6); S.I. 2014/1640, art. 3(1)(m) (with art. 10)

F4 Words in s. 80H(2) substituted (30.6.2014) by Children and Families Act 2014 (c. 6), ss. 133(3), 139(6); S.I. 2014/1640, art. 3(1)(m) (with art. 10)

F5 S. 80H(3)-(3B) substituted for s. 80H(3) (30.6.2014) by Children and Families Act 2014 (c. 6), ss. 133(4), 139(6); S.I. 2014/1640, art. 3(1)(m) (with art. 10)

F6 S. 80H(3C) inserted (30.6.2014) by Children and Families Act 2014 (c. 6), ss. 133(5), 139(6); S.I. 2014/1640, art. 3(1)(m) (with art. 10)

F7 S. 80H(4) repealed (30.6.2014) by Children and Families Act 2014 (c. 6), ss. 132(5)(c), 139(6); S.I. 2014/1640, art. 3(1)(l) (with art. 10)

F8 Words in s. 80H(6) substituted (30.6.2014) by Children and Families Act 2014 (c. 6), ss. 133(6), 139(6); S.I. 2014/1640, art. 3(1)(m) (with art. 10)

F9 S. 80H(7) inserted (20.5.2011 with application as mentioned in regs. 3 and 4 of the amending S.I.) by The Cross-Border Mediation (EU Directive) Regulations 2011 (S.I. 2011/1133), regs. 2, 45

F10 Words in s. 80H(7) substituted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 2 para. 32; S.I. 2014/253, art. 3(g)