Complaint to industrial tribunal
13.—(1) A worker may present a complaint to an industrial tribunal that his employer has failed, or threatened to fail, to comply with Article 12(2) or (4).
(2) A tribunal shall not consider a complaint under this Article 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 Article is well-founded it shall order the employer to pay compensation to the worker of an amount not exceeding two weeks' pay.
(4) Chapter IV of Part I of the Employment Rights Order (calculation of a week’s pay) shall apply for the purposes of paragraph (3); and in applying that Chapter the calculation date shall be taken to be—
(a)in the case of a claim which is made in the course of a claim for unfair dismissal, the date on which the employer’s notice of dismissal was given or, if there was no notice, the effective date of termination, and
(b)in any other case, the date on which the relevant hearing took place (or was to have taken place).
(5) The limit in Article 23(1) of the Employment Rights Order (maximum amount of week’s pay) shall apply for the purposes of paragraph (3).
(6) No award shall be made under paragraph (3) in respect of a claim which is made in the course of a claim for unfair dismissal if the tribunal makes a supplementary award under Article 162A(2) of the Employment Rights Order (internal appeal procedures).