Complaint to employment tribunal17
1
An employee may present a complaint to an employment tribunal that the employer has failed, or threatened to fail, to comply with regulation 16(2), (3), or (5).
2
A tribunal must not consider a complaint under this regulation in relation to a failure or threat unless the complaint is presented—
a
before the end of the period of three months beginning with the date of the failure or threat; 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.
3
Where a tribunal finds that a complaint under this regulation is well-founded, it must order the employer to pay compensation to the worker of an amount not exceeding two weeks’ pay.
4
In applying Chapter 2 of Part 14 of the 1996 Act4 (calculation of a week’s pay) for the purposes of paragraph (3), the calculation date shall be taken to be the date on which the relevant meeting took place (or was to have taken place).
5
The limit in section 227(1) of the 1996 Act5 (maximum amount of a week’s pay) shall apply for the purposes of paragraph (3).