Part XIIIE+W+S Miscellaneous

Chapter IIE+W+S Other miscellaneous matters

Contracting out etc. and remediesE+W+S

205 Remedy for infringement of certain rights.E+W+S

(1)The remedy of an employee for infringement of any of the rights conferred by section 8, Part III, Parts V to VIII, section 92, Part X and Part XII is, where provision is made for a complaint or the reference of a question to an [F1employment tribunal], by way of such a complaint or reference and not otherwise.

[F2(1A)In relation to the right conferred by section 47B, the reference in subsection (1) to an employee has effect as a reference to a worker.]

[F3(1ZA)In relation to the right conferred by section 45A, the reference in subsection (1) to an employee has effect as a reference to a worker.]

(2)The remedy of a worker in respect of any contravention of section 13, 15, 18(1) or 21(1) is by way of a complaint under section 23 and not otherwise.

Textual Amendments

F1Words in s. 205(1) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F2S. 205(1A) inserted (2.7.1999) by 1998 c. 23, s. 14; S.I. 1999/1547, art. 2

F3S. 205(1ZA) inserted (1.10.1998) by S.I. 1998/1833, reg. 31(7)

Modifications etc. (not altering text)

C1S. 205(1) applied (6.4.2006 with application in accordance with reg. 21(1) of the amending S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), regs. 1(2), 16(1)