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Changes over time for: Section 57
Llinell Amser Newidiadau
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Status:
Point in time view as at 24/07/2023.
Changes to legislation:
Employment Rights Act 1996, Section 57 is up to date with all changes known to be in force on or before 21 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
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57 Complaints to [employment tribunals].E+W+S
(1)An employee may present a complaint to an [employment 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 [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 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.
[(2A)Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies 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 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 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.
Yn ôl i’r brig