PART VIITIME OFF WORK
F1Dependants
Complaint to industrial tribunal85B
1
An employee may present a complaint to an industrial tribunal that his employer has unreasonably refused to permit him to take time off as required by Article 85A.
2
An industrial tribunal shall not consider a complaint under this Article unless it is presented—
a
before the end of the period of three months beginning with the date when the refusal 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.
3
Where an industrial tribunal finds a complaint under paragraph (1) well-founded, it—
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 compensation shall be such as the tribunal considers just and equitable in all the circumstances having regard to—
a
the employer's default in refusing to permit time off to be taken by the employee, and
b
any loss sustained by the employee which is attributable to the matters complained of.
1999 NI 9