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Employment Rights Act 1996

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Employment Rights Act 1996, Section 57ZM is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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[F157ZMComplaint to employment tribunalE+W+S

(1)An employee may present a complaint to an employment tribunal that his or her employer—

(a)has unreasonably refused to let him or her take time off as required by section 57ZJ or 57ZL, or

(b)has failed to pay the whole or any part of any amount to which the employee is entitled under section 57ZK.

(2)An employment tribunal may not consider a complaint under this section unless it is presented—

(a)before the end of the period of three months beginning with the day of the appointment in question, 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.

[F2(3)Section 207B applies for the purposes of subsection (2)(a).]

(4)Where an employment tribunal finds a complaint under subsection (1) well-founded, it must make a declaration to that effect.

(5)If the complaint is that the employer has unreasonably refused to let the employee take time off as required by section 57ZJ, the tribunal must also order the employer to pay to the employee an amount that is twice the amount of the remuneration to which the employee would have been entitled under section 57ZK if the employer had not refused.

(6)If the complaint is that the employer has failed to pay the employee the whole or part of any amount to which the employee is entitled under section 57ZK, the tribunal must also order the employer to pay to the employee the amount which it finds due to the employee.

(7)If the complaint is that the employer has unreasonably refused to let the employee take time off as required by section 57ZL, the tribunal must also order the employer to pay to the employee an amount determined in accordance with subsection (8).

(8)The amount payable to the employee is—

where—

a

A is the appropriate hourly rate for the employee determined in accordance with section 57ZK(2) to (4), and

b

B is the number of working hours for which the employee would have been entitled under section 57ZL to be absent if the time off had not been refused.]

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