Regulation 17 Complaint to employment tribunalI1

England, Wales and Scotland

(1)

An employee may present a complaint to an employment tribunal that the employer has failed, or threatened to fail, to comply with regulation 16(2), (3), or (5).

(2)

A tribunal must not consider a complaint under this regulation in relation to a failure or threat unless the complaint is presented—

(a)

before the end of the period of F1six months beginning with the date of the failure or threat; 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 F2six months.

F3(2A)

Regulation 17A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).

(3)

Where a tribunal finds that a complaint under this regulation is well-founded, it must order the employer to pay compensation to the worker of an amount not exceeding two weeks’ pay.

(4)

In applying Chapter 2 of Part 14 of the 1996 Act^f1 (calculation of a week’s pay) for the purposes of paragraph (3), the calculation date shall be taken to be the date on which the relevant meeting took place (or was to have taken place).

(5)

The limit in section 227(1) of the 1996 Act^f2 (maximum amount of a week’s pay) shall apply for the purposes of paragraph (3).

Annotations

Textual amendments

F1: Word in reg. 17(2)(a) substituted (1.10.2026) by The Employee Study and Training (Procedural Requirements) (Amendment) Regulations 2026 (S.I. 2026/473), regs. 1(1), 2 (with reg. 3)
F2: Word in reg. 17(2)(b) substituted (1.10.2026) by The Employee Study and Training (Procedural Requirements) (Amendment) Regulations 2026 (S.I. 2026/473), regs. 1(1), 2 (with reg. 3)
F3: Reg. 17(2A) inserted (6.4.2014) by The Employment Tribunals Act 1996 (Application of Conciliation Provisions) Order 2014 (S.I. 2014/431), art. 1, Sch. para. 40

Commencement

I1: Reg. 17 in force at 6.4.2010, see reg. 1

Footnotes

f1: In Chapter 2 of Part 14 of the 1996 Act, section 225 was amended by the Apprenticeships, Skills, Children and Learning Act 2009 (c.22), Schedule 1, paragraph 8 and section 227 was amended by the Apprenticeships, Skills, Children and Learning Act 2009 (c.22), Schedule 1, paragraph 9.
f2: Section 227(1) was amended by S.I. 2009/1903.