44C.—(1) A trade union may present a complaint to an industrial tribunal that an employer has failed to comply with his obligations under Article 44B in relation to a bargaining unit.
(2) An industrial tribunal shall not consider a complaint under this Article unless it is presented—
(a)before the end of the period of three months beginning with the date of the alleged failure, or
(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 months.
[F2(2A) Article 147A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).]
(3) Where an industrial tribunal finds a complaint under this Article well-founded it—
(a)shall make a declaration to that effect, and
(b)may make an award of compensation to be paid by the employer to each person who was, at the time when the failure occurred, a member of the bargaining unit.
(4) The amount of the award shall not, in relation to each person, exceed two weeks' pay.
(5) For the purpose of paragraph (4) a week's pay—
(a)shall be calculated in accordance with Chapter IV of Part I of the Employment Rights Order (taking the date of the employer's failure as the calculation date), and
(b)shall be subject to the limit in Article 23(1) of that Order.
(6) Proceedings for enforcement of an award of compensation under this Article—
(a)may, in relation to each person to whom compensation is payable, be commenced by that person, and
(b)may not be commenced by a trade union.
F2Art. 44C(2A) inserted (27.1.2020) by Employment Act (Northern Ireland) 2016 (c. 15), s. 29(2), Sch. 2 para. 7; S.R. 2020/1, art. 2(n)