Section 63 Complaints to employment tribunals.F1
England, Wales and Scotland
An employee may present a complaint to an employment tribunal that his employer—
has unreasonably refused to permit him to take time off as required by section 61, or
has failed to pay the whole or any part of any amount to which the employee is entitled under section 62.
An employment tribunal shall not consider a complaint under this section unless it is presented—
before the end of the period of F2six months beginning with the day on which the time off was taken or on which it is alleged the time off should have been permitted, or
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 F3six months.
Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).
Where an employment tribunal finds a complaint under this section well-founded, the tribunal shall make a declaration to that effect.
If the complaint is that the employer has unreasonably refused to permit the employee to take time off, the tribunal shall also order the employer to pay to the employee an amount equal to the remuneration to which he would have been entitled under section 62 if the employer had not refused.
If the complaint is that the employer has failed to pay the employee the whole or part of any amount to which he is entitled under section 62, the tribunal shall also order the employer to pay to the employee the amount which it finds due to him.
Annotations
Textual amendments
- F1
Words in s. 63(1)-(3) and sidenote to s. 63 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. 63(2)(a) substituted (1.10.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 12 para. 4(17)(a); S.I. 2026/954, reg. 3 (with reg. 4)
- F3
Word in s. 63(2)(b) substituted (1.10.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 12 para. 4(17)(b); S.I. 2026/954, reg. 3 (with reg. 4)
- F4
S. 63(2A) substituted (31.12.2020) by The Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2019 (S.I. 2019/469), reg. 1(1), Sch. 1 para. 12(16) (with reg. 5) (as amended by S.I. 2020/1493, regs. 1(1), 4(5)(6)); 2020 c. 1, Sch. 5 para. 1(1)
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)