The Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006

Remedy for failure to notify employee liability information N.I.

12.—(1) On or after a service provision change, the transferee may present a complaint to an industrial tribunal that the transferor has failed to comply with any provision of regulation 11.

(2) An industrial tribunal shall not consider a complaint under this regulation unless it is presented—

(a) before the end of the period of three months beginning with the date of the service provision change;

(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.

[F1 (2A) Regulation 16A (extension of time limit to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2).]

(3) Where an industrial tribunal finds a complaint under paragraph (1) 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 transferor to the transferee.

(4) The amount of the compensation shall be such as the tribunal considers just and equitable in all the circumstances, subject to paragraph (5), having particular regard to—

(a) any loss sustained by the transferee which is attributable to the matters complained of; and

(b) the terms of any contract between the transferor and the transferee relating to the transfer under which the transferor may be liable to pay any sum to the transferee in respect of a failure to notify the transferee of employee liability information.

(5) Subject to paragraph (6), the amount of compensation awarded under paragraph (3) shall be not less than £500 per employee in respect of whom the transferor has failed to comply with a provision of regulation 11, unless the tribunal considers it just and equitable, in all the circumstances, to award a lesser sum.

(6) In ascertaining the loss referred to in paragraph (4)(a) the tribunal shall apply the same rule concerning the duty of a person to mitigate his loss as applies to any damages recoverable under common law.

(7) [F2 Articles 20A to 20C] of the 1996 Tribunals Order (conciliation) shall apply to the right conferred by this regulation and to proceedings under this regulation as it applies to the rights conferred by that Order and the industrial tribunal proceedings mentioned in that Order.

Textual Amendments

F1 Reg. 12(2A) inserted (27.1.2020) by The Transfer of Undertakings and Service Provision Change (Protection of Employment) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/15), regs. 1(1), 7(a)

F2 Words in reg. 12(7) substituted (27.1.2020) by The Transfer of Undertakings and Service Provision Change (Protection of Employment) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/15), regs. 1(1), 7(b)

Commencement Information

I1 Reg. 12 in operation at 6.4.2006, see reg. 1