A person who claims his employer has failed to comply with section 86 in deducting or refusing to deduct any amount from emoluments payable to him may apply to the county court or, in Scotland, the sheriff court.

If the court is satisfied that there has been such a failure it shall make a declaration to that effect.

The court may, if it considers it appropriate to do so in order to prevent a repetition of the failure, make an order requiring the employer to take, within a specified time, the steps specified in the order in relation to emoluments payable by him to the applicant.

Where in proceedings arising out of section 86(3) (refusal to deduct union dues) the question arises whether the employer’s refusal to deduct an amount was attributable to the certificate having been given or was otherwise connected with the duty under section 86(1), it is for the employer to satisfy the court that it was not.