SCHEDULE 2PROVISIONS AS TO F3EMPLOYMENT TRIBUNALS
I41
An F5employment tribunal shall have jurisdiction to determine complaints in accordance with the following provisions of this Schedule.
I22
A person (referred to in this Schedule as the “complainant”) may present a complaint to an F7employment tribunal that—
a
his employer has failed to permit him to take time off in accordance with regulation 7(1)(b) or 7(2); or
b
his employer has failed to pay him in accordance with regulation 7(1)(b) or 7(2) and Schedule 1.
I33
F2Subject to paragraph 3A an employment tribunal shall not consider a complaint under paragraph 2 unless it is presented within three months of the date when the failure occurred or 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 within the period of three months.
F13A
1
In this paragraph—
a
Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and
b
Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section.
2
In working out when the three month time limit set by paragraph 3 expires the period beginning with the day after Day A and ending with Day B is not to be counted.
3
If the three month time limit set by paragraph 3 would (if not extended by this sub-paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.
4
The power conferred on the employment tribunal by paragraph 3 to extend the three month time limit set by that paragraph is exercisable in relation to that time limit as extended by this paragraph.
I54
Where an F4employment tribunal finds a complaint under paragraph 2(a) well-founded the tribunal shall make a declaration to that effect and may make an award of compensation to be paid by the employer to the complainant which shall be of such amount as the tribunal considers just and equitable in all the circumstances having regard to the employer’s default in failing to permit time off to be taken by the complainant and to any loss sustained by the complainant which is attributable to the matters complained of.
I15
Where on a complaint under paragraph 2(b) an F6employment tribunal finds that the employer has failed to pay the complainant the whole or part of the amount required to be paid in accordance with regulation 7(1)(b) or 7(2) and Schedule 1, the tribunal shall order the employer to pay the complainant the amount which it finds due to him.
Words in Regulations substituted (1.8.1998) by Employment Rights (Dispute Resolution) Act 1998 (c. 8), ss. 1(2), 17(1); S.I. 1998/1658, art. 2(1), Sch. 1