Textual Amendments
F1Ss. 57A, 57B and heading inserted (15.12.1999) by 1999 c. 26, s. 8, Sch. 4 Pt. II; S.I. 1999/2830, art. 2(2), Sch. 1 Pt. II
(1)An employee may present a complaint to an employment tribunal that his employer has unreasonably refused to permit him to take time off as required by section 57A.
(2)An employment tribunal shall not consider a complaint under this section 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.
[F3(2A)Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).]
(3)Where an employment tribunal finds a complaint under subsection (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.]
Textual Amendments
F2Ss. 57A, 57B and heading inserted (15.12.1999) by 1999 c. 26, s. 8, Sch. 4 Pt. II; S.I. 1999/2830, art. 2(2), Sch. 1 Pt. II
F3S. 57B(2A) substituted (31.12.2020) by The Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2019 (S.I. 2019/469), reg. 1(1), Sch. 1 para. 12(14) (with reg. 5) (as amended by S.I. 2020/1493, regs. 1(1), 4(5)(6)); 2020 c. 1, Sch. 5 para. 1(1)