Section 80N — Employment Rights Act 1996: Complaint to employment tribunal

Complaint to employment tribunal 80N 1 An employee may complain to an employment tribunal that their employer—

a has unreasonably postponed a period of carer’s leave, or b has prevented or attempted to prevent the employee from taking carer’s leave.

2 The tribunal must not consider the complaint unless it is made—

a before the end of the period of three months beginning with the date (or last date) of the matter complained of, 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 made before the end of that period of three months.

3 Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).

4 The tribunal, if satisfied that an employer has acted as described in subsection (1)(a) or (b)—

a must make a declaration to that effect, and b may award compensation to be paid by the employer to the employee.

5 The amount of any compensation must be the amount the tribunal considers just and equitable in all the circumstances, including—

a the employer’s behaviour, and b any consequential loss sustained by the employee.