Part IV Industrial Relations
C1Chapter II Procedure for Handling Redundancies
Duty of employer to consult trade union representatives
192 Complaint by employee to industrial tribunal.
1
An employee may present a complaint to an industrial tribunal on the ground that he is an employee of a description to which a protective award relates and that his employer has failed, wholly or in part, to pay him remuneration under the award.
2
An industrial tribunal shall not entertain a complaint under this section unless it is presented to the tribunal—
a
before the end of the period of three months beginning with the day (or, if the complaint relates to more than one day, the last of the days) in respect of which the complaint is made of failure to pay remuneration, or
b
where the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented within the period of three months, within such further period as it may consider reasonable.
3
Where the tribunal finds a complaint under this section well-founded it shall order the employer to pay the complainant the amount of remuneration which it finds is due to him.
4
The remedy of an employee for infringement of his right to remuneration under a protective award is by way of complaint under this section, and not otherwise.
Pt. IV Ch. II (ss. 188-198) modified (3.4.1995) by 1994 c. 19, s. 44(1)(b) (with ss. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1995/852, art. 7, Sch. 26