51 Complaints to [F1employment tribunals].E+W+S
(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.
Textual Amendments
F1Words in s. 51(1)-(3) and sidenote to s. 51 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
F2S. 51(2A) 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, 35
F3Words in s. 51(2A) substituted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 2 para. 20; S.I. 2014/253, art. 3(g)