SCHEDULE 5Duty to consider working beyond retirement
Complaint to industrial tribunal: denial of right to be accompanied12
1
An employee may present a complaint to an industrial tribunal that his employer has failed, or threatened to fail, to comply with paragraph 9(2) or (3).
2
A tribunal shall not consider a complaint under this paragraph in relation to a failure or threat unless the complaint is presented—
a
before the end of the period of three months beginning with the date of the failure or threat; 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 a tribunal finds that a complaint under this paragraph is well-founded it shall order the employer to pay compensation to the worker of an amount not exceeding two weeks' pay.
4
Chapter IV of Part I of the 1996 Order (a week’s pay) shall apply for the purposes of sub-paragraph (3); and in applying that Chapter the calculation date shall be taken to be the date on which the relevant meeting took place (or was to have taken place).
5
The limit in Article 23(1) of the 1996 Order (maximum amount of a week’s pay) shall apply for the purposes of sub-paragraph (3).