30.—(1) A worker may present a complaint to an employment tribunal that his employer—
(a)has refused to permit him to exercise any right he has under—
[F1(i)regulation 10(1) or (2), 11(1), (2) or (3), 12(1) or (4), 13 or 13A;]
(ii)regulation 24, in so far as it applies where regulation 10(1), 11(1) or (2) or 12(1) is modified or excluded; F2...
[F3(iii)regulation 24A, in so far as it applies where regulation 10(1), 11(1) or (2) or 12(1) is excluded; or
(iv)regulation 25(3), 27A(4)(b) or 27(2); or]
(b)has failed to pay him the whole or any part of any amount due to him under regulation 14(2) or 16(1).
(2) [F4Subject to [F5[F6regulation] 30B], an employment tribunal] shall not consider a complaint under this regulation unless it is presented—
(a)before the end of the period of three months (or, in a case to which regulation 38(2) applies, six months) beginning with the date on which it is alleged that the exercise of the right should have been permitted (or in the case of a rest period or leave extending over more than one day, the date on which it should have been permitted to begin) or, as the case may be, the payment should have been made;
(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 or, as the case may be, six months.
[F7(2A) Where the period within which a complaint must be presented in accordance with paragraph (2) is extended by regulation 15 of the Employment Act 2002 (Dispute Resolution) Regulations 2004, the period within which the complaint must be presented shall be the extended period rather than the period in paragraph (2).]
(3) Where an employment tribunal finds a complaint under paragraph (1)(a) 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 worker.
(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 refusing to permit the worker to exercise his right, and
(b)any loss sustained by the worker which is attributable to the matters complained of.
(5) Where on a complaint under paragraph (1)(b) an employment tribunal finds that an employer has failed to pay a worker in accordance with regulation 14(2) or 16(1), it shall order the employer to pay to the worker the amount which it finds to be due to him.
Textual Amendments
F1Reg. 30(1)(a)(i) substituted (1.10.2007) by The Working Time (Amendment) Regulations 2007 (S.I. 2007/2079), regs. 1(2), 2(11)
F2Word in reg. 30(1)(a)(ii) omitted (1.8.2003) by virtue of The Working Time (Amendment) Regulations 2003 (S.I. 2003/1684), regs. 1, 11
F3Reg. 30(1)(a)(iii)(iv) substituted for reg. 30(1)(a)(iii) (1.8.2003) by The Working Time (Amendment) Regulations 2003 (S.I. 2003/1684), regs. 1, 11
F4Words in reg. 30(2) substituted (with application in accordance with regs. 3, 4 of the amending S.I.) by The Cross-Border Mediation (EU Directive) Regulations 2011 (S.I. 2011/1133), regs. 2, 68
F5Words in reg. 30(2) substituted (6.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Employment) Order 2014 (S.I. 2014/386), art. 1, Sch. para. 3
F6Word in reg. 30(2) 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. 20(2) (with reg. 5) (as amended by S.I. 2020/1493, regs. 1(1), 4(5)(6)); 2020 c. 1, Sch. 5 para. 1(1)
F7Reg. 30(2A) inserted (1.10.2004) by The Employment Act 2002 (Dispute Resolution) Regulations 2004 (S.I. 2004/752), regs. 1, 17(f) (with reg. 18)
Modifications etc. (not altering text)
C1Reg. 30 restricted (1.10.2004) by Employment Act 2002 (c. 22), ss. 32, 55(2), Sch. 4; S.I. 2004/1717, art. 2(2)