{
  "url": "https://openlegislation.uk/cross-border-railway-services-working-time-regulations-northern-ireland-2008/regulation-17",
  "json_url": "https://openlegislation.uk/cross-border-railway-services-working-time-regulations-northern-ireland-2008/regulation-17.json",
  "legislation": "nisr/2008/315",
  "legislation_title": "The Cross-border Railway Services (Working Time) Regulations (Northern Ireland) 2008",
  "legislation_url": "https://openlegislation.uk/cross-border-railway-services-working-time-regulations-northern-ireland-2008",
  "path": "regulation/17",
  "kind": "regulation",
  "number": "17",
  "heading": "Remedies",
  "text": "(1) A cross-border worker may present a complaint to an industrial tribunal that his employer has refused to permit the worker to exercise any right the worker has under regulations 3 to 7.\n(2) An industrial tribunal shall not consider a complaint under this regulation unless it is presented—\n(a) before the end of the period of three months beginning with the date on which it is alleged that the exercise of the right should have been permitted (or in the case of a rest period extending over more than one day, the date on which it should have been permitted to begin);\n(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.\n(2A) Regulation 17A (extension of time limit to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2).\n(3) Where the period within which a complaint must be presented in accordance with paragraph (2) is extended by regulation 15 of the Employment (Northern Ireland) Order 2003 (Dispute Resolution) Regulations (Northern Ireland) 2004, the period within which the complaint must be presented shall be the extended period rather than the period in paragraph (2).\n(4) Where an industrial tribunal finds a complaint under paragraph (1) well-founded, the tribunal—\n(a) shall make a declaration to that effect, and\n(b) may make an award of compensation to be paid by the employer to the cross-border worker.\n(5) The amount of the compensation shall be such as the tribunal considers just and equitable in all the circumstances having regard to—\n(a) the employer’s default in refusing to permit the worker to exercise the worker’s right, and\n(b) any loss sustained by the worker which is attributable to the matters complained of.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Reg. 17(2A) inserted (27.1.2020) by The Industrial Tribunals (1996 Order) (Application of Conciliation Provisions) Order (Northern Ireland) 2020 (S.R. 2020/4), art. 1, Sch. para. 43"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 17 in operation at 1.10.2008, see reg. 1(1)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.R. 2004/521"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2008/315/regulation/17",
    "retrieved_at": "2026-10-29T01:35:22.348819+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}