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Employment Rights Act 1996

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This is the original version (as it was originally enacted).

188Complaints to industrial tribunals

(1)A person who has applied for a payment under section 182 may present a complaint to an industrial tribunal—

(a)that the Secretary of State has failed to make any such payment, or

(b)that any such payment made by him is less than the amount which should have been paid.

(2)An industrial tribunal shall not consider a complaint under subsection (1) unless it is presented—

(a)before the end of the period of three months beginning with the date on which the decision of the Secretary of State on the application was communicated to the applicant, or

(b)within such further period as the tribunal considers reasonable in a case where it is not reasonably practicable for the complaint to be presented before the end of that period of three months.

(3)Where an industrial tribunal finds that the Secretary of State ought to make a payment under section 182, the tribunal shall—

(a)make a declaration to that effect, and

(b)declare the amount of any such payment which it finds the Secretary of State ought to make.

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