xmlns:atom="http://www.w3.org/2005/Atom"

SCHEDULE 5Duty to consider working beyond retirement

Complaint to industrial tribunal: denial of right to be accompanied

12.—(1) An employee may present a complaint to an industrial tribunal that his employer has failed, or threatened to fail, to comply with paragraph 9(2) or (3).

(2) A tribunal shall not consider a complaint under this paragraph 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 paragraph 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 1996 Order (a week’s pay) shall apply for the purposes of sub-paragraph (3); and in applying that Chapter 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 Article 23(1) of the 1996 Order (maximum amount of a week’s pay) shall apply for the purposes of sub-paragraph (3).