Employment Protection (Consolidation) Act 1978

124 Complaint to industrial tribunal.E+W+S

(1)A person who has applied for a payment under section 122 may, within the period of three months beginning with the date on which the decision of the Secretary of State on that application was communicated to him or, if that is not reasonably practicable, within such further period as is reasonable, present a complaint to an industrial tribunal that—

(a)the Secretary of State has failed to make any such payment; or

(b)any such payment made by the Secretary of State is less than the amount which should have been paid.

(2)Any persons who are competent to act in respect of an occupational pension scheme [F1or a personal pension scheme] and who have applied for a payment to be made under section 123 into the resources of the scheme may, within the period of three months beginning with the date on which the decision of the Secretary of State on that application was communicated to them, or, if that is not reasonably practicable, within such further period as is reasonable, present a complaint to an industrial tribunal that—

(a)the Secretary of State has failed to make any such payment; or

(b)any such payment made by him is less than the amount which should have been paid.

(3)Where an industrial tribunal finds that the Secretary of State ought to make a payment under section 122 or 123, it shall make a declaration to that effect and shall also declare the amount of any such payment which it finds the Secretary of State ought to make.