The Transnational Information and Consultation of Employees Regulations 1999

Detriment: enforcement and subsidiary provisions

32.—(1) An employee may present a complaint, in Great Britain to an employment tribunal and in Northern Ireland to an industrial tribunal, that he has been subjected to a detriment in contravention of regulation 31.

(2) The provisions of—

(a) sections 48(2) to (4) and 49 of the 1996 Act(1) (complaints to employment tribunals and remedies); or

(b) in relation to Northern Ireland, Articles 71(2) to (4) and 72 of the 1996 Order(2) (complaints to industrial tribunals and remedies);

shall apply in relation to a complaint under this regulation as they apply in relation to a complaint under section 48 of that Act or Article 71 of that Order (as the case may be), but taking references in those provisions to the employer as references to the employer within the meaning of regulation 31(1) above.

(3) Regulation 31 does not apply where the detriment in question amounts to dismissal.

(1)

Sections 48 and 49 were amended respectively by sections 1(2)(b) and 1(2)(a) of the Employment Rights (Dispute Resolution) Act 1998 (c. 8); there have also been amendments to the sections that are not relevant to these Regulations.

(2)

There have been amendments to Articles 71 and 72 that are not relevant to these Regulations.