The Information and Consultation of Employees Regulations (Northern Ireland) 2005

Right to time off: complaint to industrial tribunals

29.—(1) An employee may present a complaint to an industrial tribunal that his employer –

(a) has unreasonably refused to permit him to take time off as required by regulation 27; or

(b) has failed to pay the whole or part of any amount to which the employee is entitled under regulation 28.

(2) An industrial tribunal shall not consider a complaint under this regulation unless it is presented –

(a) before the end of the period of three months beginning with the day on which the time off was taken or on which it is alleged the time off should have been permitted; 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 a complaint under this regulation well-founded, the tribunal shall make a declaration to that effect.

(4) If the complaint is that the employer has unreasonably refused to permit the employee to take time off, the tribunal shall also order the employer to pay to the employee an amount equal to the remuneration to which he would have been entitled under regulation 28 if the employer had not refused.

(5) If the complaint is that the employer has failed to pay the employee the whole or part of any amount to which he is entitled under regulation 28, the tribunal shall also order the employer to pay to the employee the amount it finds due to him.