Section 80N Employment Rights Act

Section 80N of the Employment Rights Act 1996 is about Complaint to employment tribunal. It provides as follows:

(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.

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Source: legislation.gov.uk
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