The European Cooperative Society (Involvement of Employees) Regulations 2006

Detriment: enforcement and subsidiary provisions

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(1)—

(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)”.

(1)

2002 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.