The Employment Rights (Northern Ireland) Order 1996

[F1 Complaints to industrial tribunals: agency workers N.I.

85ZC.— (1) An agency worker may present a complaint to an industrial tribunal that the temporary work agency—

(a) has unreasonably refused to permit her to take time off as required by Article 85ZA, or

(b) has failed to pay the whole or any part of any amount to which she is entitled under Article 85ZB.

(2) An agency worker may present a complaint to an industrial tribunal that the hirer has unreasonably refused to permit her to take time off as required by Article 85ZA.

(3) An industrial tribunal shall not consider a complaint under paragraph (1) or (2) 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.

[F2 (3A) Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (3).]

(4) Where an industrial tribunal finds a complaint under this Article well-founded, the tribunal shall make a declaration to that effect.

(5)  If the complaint is that the temporary work agency or hirer has unreasonably refused to permit the agency worker to take time off, the tribunal shall also order payment to the agency worker of [F3 an amount that is twice the amount of] the remuneration to which she would have been entitled under Article 85ZB if she had not been refused the time off.

(6) Where the tribunal orders payment under paragraph (5), the amount payable by each party shall be such as may be found by the tribunal to be just and equitable having regard to the extent of each respondent's responsibility for the infringement to which the complaint relates.

(7) If the complaint is that the temporary work agency has failed to pay the agency worker the whole or part of any amount to which she is entitled under Article 85ZB, the tribunal shall also order the temporary work agency to pay to the agency worker the amount which it finds due to her.]

F1 Arts. 85ZA-85ZD and preceding cross-heading inserted (5.12.2011) by Agency Workers Regulations (Northern Ireland) 2011 (S.R. 2011/350), Sch. 2 para. 10

F2 Art. 85ZC(3A) inserted (27.1.2020) by Employment Act (Northern Ireland) 2016 (c. 15), s. 29(2), Sch. 2 para. 22; S.R. 2020/1, art. 2(n)

F3 Words in art. 85ZC(5) substituted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), ss. 16(3), 23(1); S.R. 2015/86, art. 3(1)(m) (with art. 6(2))