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

Detriment: enforcement and subsidiary provisionsU.K.

34.—(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) ”.

Marginal Citations

M12002 c. 22. Schedules 3, 4 and 5 to the 2002 Act have been amended on a number of occasions to specify additional tribunal jurisdictions to which sections 31, 32 and 38 of the Act apply.