PART 8PROTECTION FOR MEMBERS OF SPECIAL NEGOTIATING BODY, ETC.

Detriment: enforcement and subsidiary provisions34

1

An employee may present a complaint to an employment tribunal that he has been subjected to a detriment in contravention of regulation 33.

2

The provisions of sections 48(2) to (4) of the 1996 Act (complaints to employment tribunals) shall apply in relation to a complaint under this regulation as they apply in relation to a complaint under section 48 of that Act.

3

The provisions of section 49(1) to (5) of the 1996 Act shall apply in relation to a complaint under this regulation.

4

At the end of each of the following Schedules to the Employment Act 2002 M1—

a

Schedule 3 (tribunal jurisdictions to which section 31 applies for adjustment of awards for non-completion of statutory procedure);

b

Schedule 4 (tribunal jurisdictions to which section 32 applies for complaints where the employee must first submit a statement of grievance to employer); and

c

Schedule 5 (tribunal jurisdictions to which section 38 applies in relation to proceedings where the employer has failed to give a statement of employment particulars),

insert— “ Regulation 34 of the European Cooperative Society (Involvement of Employees) Regulations 2006 (detriment in relation to involvement in a European Cooperative Society) ”.