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Employment Rights Act 1996

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Employment Rights Act 1996, Section 80H is up to date with all changes known to be in force on or before 20 June 2018. 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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This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 8(2)(e) and word inserted by S.I. 2018/147 art. 2(b)
  • s. 43K(1)(ca) and word omitted by 2013 c. 24 s. 20(5) (This amendment not applied to legislation.gov.uk. The insertion of s. 43K(1)(ba) by S.I. 2006/1056, Sch. para. 7 is to come into force on the day on which 2005 asp 13, s. 20 comes into force and that provision has never been brought into force)
  • s. 43K(2)(ba) omitted by 2013 c. 24 s. 20(6) (This amendment not applied to legislation.gov.uk. The insertion of s. 43K(1)(ba) by S.I. 2006/1056, Sch. para. 7 is to come into force on the day on which 2005 asp 13, s. 20 comes into force and that provision has never been brought into force)
  • s. 47AA inserted by 2008 c. 25 s. 37
  • s. 49C inserted by 2017 c. 16 s. 32(4)
  • s. 101B inserted by 2008 c. 25 s. 38
  • s. 105(4B) inserted by 2008 c. 25 s. 39(3)
  • s. 108(3)(de) inserted by 2008 c. 25 s. 39(4)
  • s. 110(3A) inserted by 2002 c. 22 s. 44

[F180H Complaints to employment tribunalsE+W+S

(1)An employee who makes an application under section 80F may present a complaint to an employment tribunal—

(a) that his employer has failed in relation to the application to comply with section 80G(1), F2 ...

(b)that a decision by his employer to reject the application was based on incorrect facts[F3, or]

[F3(c)that the employer's notification under section 80G(1D) was given in circumstances that did not satisfy one of the requirements in section 80G(1D)(a) and (b)].

(2)No complaint [F4under subsection (1)(a) or (b)] may be made in respect of an application which has been disposed of by agreement or withdrawn.

[F5(3)In the case of an application which has not been disposed of by agreement or withdrawn, no complaint under subsection (1)(a) or (b) may be made until—

(a)the employer notifies the employee of the employer's decision on the application, or

(b)if the decision period applicable to the application (see section 80G(1B)) comes to an end without the employer notifying the employee of the employer's decision on the application, the end of the decision period.

(3A)If an employer allows an employee to appeal a decision to reject an application, a reference in other subsections of this section to the decision on the application is a reference to the decision on the appeal or, if more than one appeal is allowed, the decision on the final appeal.

(3B)If an agreement to extend the decision period is made as described in section 80G(1C)(b), subsection (3)(b) is to be treated as not allowing a complaint until the end of the extended period.]

[F6(3C)A complaint under subsection (1)(c) may be made as soon as the notification under section 80G(1D) complained of is given to the employee.]

F7( 4 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(a)before the end of the period of three months beginning with the relevant date, 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.

(6)In subsection (5)(a), the reference to the [F8relevant date is a reference to the first date on which the employee may make a complaint under subsection (1)(a), (b) or (c), as the case may be.]

[F9(7)Section 207A(3) (extension because of mediation in certain European cross-border disputes) [F10and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply] for the purposes of subsection (5)(a).]]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F3S. 80H(1)(c) and word preceding it inserted (30.6.2014) by Children and Families Act 2014 (c. 6), ss. 133(2)(b), 139(6); S.I. 2014/1640, art. 3(1)(m) (with art. 10)

F4Words in s. 80H(2) substituted (30.6.2014) by Children and Families Act 2014 (c. 6), ss. 133(3), 139(6); S.I. 2014/1640, art. 3(1)(m) (with art. 10)

F5S. 80H(3)-(3B) substituted for s. 80H(3) (30.6.2014) by Children and Families Act 2014 (c. 6), ss. 133(4), 139(6); S.I. 2014/1640, art. 3(1)(m) (with art. 10)

F8Words in s. 80H(6) substituted (30.6.2014) by Children and Families Act 2014 (c. 6), ss. 133(6), 139(6); S.I. 2014/1640, art. 3(1)(m) (with art. 10)

F9S. 80H(7) inserted (20.5.2011 with application as mentioned in regs. 3 and 4 of the amending S.I.) by The Cross-Border Mediation (EU Directive) Regulations 2011 (S.I. 2011/1133), regs. 2, 45

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