Employment Relations Act 1999

11 Complaint to employment tribunal. E+W+S

(1) A worker may present a complaint to an employment tribunal that his employer has failed, or threatened to fail, to comply with section [F1 10(2A), (2B)] or (4).

(2) A tribunal shall not consider a complaint under this section in relation to a failure or threat unless the complaint is presented—

(a) before the end of the period of three months beginning with the date of the failure or threat, 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 207B (extension of time limits to facilitate conciliation before institution of proceedings) of the Employment Rights Act 1996 applies for the purposes of subsection (2)(a).]

[F3 (2B) Subsections (2) and (2A) are to be treated as provisions of the Employment Rights Act 1996 for the purposes of [F4 section] 207B of that Act.]

(3) Where a tribunal finds that a complaint under this section is well-founded it shall order the employer to pay compensation to the worker of an amount not exceeding two weeks’ pay.

(4) Chapter II of Part XIV of the M1 Employment Rights Act 1996 (calculation of a week’s pay) shall apply for the purposes of subsection (3); and in applying that Chapter the calculation date shall be taken to be—

(a) in the case of a claim which is made in the course of a claim for unfair dismissal, the date on which the employer’s notice of dismissal was given or, if there was no notice, the effective date of termination, and

(b) in any other case, the date on which the relevant hearing took place (or was to have taken place).

(5) The limit in section 227(1) of the Employment Rights Act 1996 (maximum amount of week’s pay) shall apply for the purposes of subsection (3) above.

F5 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in s. 11(1) substituted (1.10.2004) by Employment Relations Act 2004 (c. 24), ss. 37(2), 59(3); S.I. 2004/2566, art. 3(a) (with art. 8)

F2 S. 11(2A) substituted (31.12.2020) by The Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2019 (S.I. 2019/469), reg. 1(1), Sch. 1 para. 15(2) (with reg. 5) (as amended by S.I. 2020/1493, regs. 1(1), 4(5)(6)); 2020 c. 1, Sch. 5 para. 1(1)

F3 S. 11(2A)(2B) inserted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 2 para. 40; S.I. 2014/253, art. 3(g)

F4 Word in s. 11(2B) substituted (31.12.2020) by The Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2019 (S.I. 2019/469), reg. 1(1), Sch. 1 para. 15(3) (with reg. 5) (as amended by S.I. 2020/1493, regs. 1(1), 4(5)(6)); 2020 c. 1, Sch. 5 para. 1(1)

F5 S. 11(6) repealed (1.11.2004) by Employment Act 2002 (c. 22), s. 55(2), Sch. 8(1); S.I. 2004/2822, art. 2(b)

Marginal Citations

M1 1996 c. 18.