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Section 188 Complaints to employment tribunals.F1

England, Wales and Scotland

(1)

A person who has applied for a payment under section 182 may present a complaint to an employment tribunal—

(a)

that the Secretary of State has failed to make any such payment, or

(b)

that any such payment made by him is less than the amount which should have been paid.

(2)

An employment tribunal shall not consider a complaint under subsection (1) unless it is presented—

(a)

before the end of the period of F2six months beginning with the date on which the decision of the Secretary of State on the application was communicated to the applicant, or

(b)

within such further period as the tribunal considers reasonable in a case where it is not reasonably practicable for the complaint to be presented before the end of that period of F3six months.

(3)

Where an employment tribunal finds that the Secretary of State ought to make a payment under section 182, the tribunal shall—

(a)

make a declaration to that effect, and

(b)

declare the amount of any such payment which it finds the Secretary of State ought to make.

Annotations

Textual amendments

F1

Words in s. 188(1)-(3) and sidenote to s. 1888 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F2

Word in s. 188(2)(a) substituted (1.10.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 12 para. 4(26)(a); S.I. 2026/954, reg. 3 (with reg. 4)

F3

Word in s. 188(2)(b) substituted (1.10.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 12 para. 4(26)(b); S.I. 2026/954, reg. 3 (with reg. 4)

Notes on the whole Act

Textual amendments

F1

Part 2B heading and s. 27C inserted (E.W.S.) (31.7.2023 for specified purposes, 1.10.2024 in so far as not already in force) by Employment (Allocation of Tips) Act 2023 (c. 13), ss. 1, 14(2); S.I. 2023/876, reg. 3(a); S.I. 2024/829, reg. 3(a)

Notes on Part XII

Modifications

C1

Pt. 12 modified (6.4.2006 with application in accordance with reg. 21(1) of the amending S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), regs. 1(2), 8