Part VI Time off work

Public duties

51 Complaints to F1employment tribunals.

1

An employee may present a complaint to an F1employment tribunal that his employer has failed to permit him to take time off as required by section 50.

2

An F1employment tribunal shall not consider a complaint under this section that an employer has failed to permit an employee to take time off unless it is presented—

a

before the end of the period of three months beginning with the date on which the failure 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 F1employment tribunal finds a complaint under this section 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 employer to the employee.

4

The amount of the compensation shall be such as the tribunal considers just and equitable in all the circumstances having regard to—

a

the employer’s default in failing to permit time off to be taken by the employee, and

b

any loss sustained by the employee which is attributable to the matters to which the complaint relates.