Section 80H Complaints to employment tribunalsF1

England, Wales and Scotland

(1)

An employee who makes an application under section 80F may present a complaint to an employment tribunal—

(a)

that his employer has failed in relation to the application to ~~F2comply with~~ act in accordance with section 80G(1), F3 ...

(b)

that a decision by his employer to reject the application was based on incorrect factsF4, or

(c)

that the employer's notification under section 80G(1D) was given in circumstances that did not satisfy one of the requirements in section 80G(1D)(a) and (b).

(2)

No complaint F5under subsection (1)(a) or (b) may be made in respect of an application which has been disposed of by agreement or withdrawn.

(F63)

In the case of an application which has not been disposed of by agreement or withdrawn, no complaint under subsection (1)(a) or (b) may be made until—

(a)

the employer notifies the employee of the employer's decision on the application, or

(b)

if the decision period applicable to the application (see section 80G(1B)) comes to an end without the employer notifying the employee of the employer's decision on the application, the end of the decision period.

(3A)

If an employer allows an employee to appeal a decision to reject an application, a reference in other subsections of this section to the decision on the application is a reference to the decision on the appeal or, if more than one appeal is allowed, the decision on the final appeal.

(3B)

If an agreement to extend the decision period is made as described in section 80G(1C)(b), subsection (3)(b) is to be treated as not allowing a complaint until the end of the extended period.

(F73C)

A complaint under subsection (1)(c) may be made as soon as the notification under section 80G(1D) complained of is given to the employee.

F8( 4 )

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

An employment tribunal shall not consider a complaint under this section unless it is presented—

(a)

before the end of the period of F9six months beginning with the relevant date, 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 F10six months.

(6)

In subsection (5)(a), the reference to the F11relevant date is a reference to the first date on which the employee may make a complaint under subsection (1)(a), (b) or (c), as the case may be.

(F127)

Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (5)(a).

Annotations

Textual amendments

F1: Pt. 8A inserted (6.4.2003) by Employment Act 2002 (c. 22), s. 47(2); S.I. 2002/2866, art. 2(3), Sch. 1 Pt. 3
F2: Words in s. 80H(1)(a) substituted (6.1.2026 for specified purposes) by Employment Rights Act 2025 (c. 36), ss. 9(6), 159(3); S.I. 2026/3, reg. 2(6)
F3: Word in s. 80H(1) repealed (30.6.2014) by Children and Families Act 2014 (c. 6), ss. 133(2)(a), 139(6); S.I. 2014/1640, art. 3(1)(m) (with art. 10)
F4: S. 80H(1)(c) and word preceding it inserted (30.6.2014) by Children and Families Act 2014 (c. 6), ss. 133(2)(b), 139(6); S.I. 2014/1640, art. 3(1)(m) (with art. 10)
F5: Words in s. 80H(2) substituted (30.6.2014) by Children and Families Act 2014 (c. 6), ss. 133(3), 139(6); S.I. 2014/1640, art. 3(1)(m) (with art. 10)
F6: S. 80H(3)-(3B) substituted for s. 80H(3) (30.6.2014) by Children and Families Act 2014 (c. 6), ss. 133(4), 139(6); S.I. 2014/1640, art. 3(1)(m) (with art. 10)
F7: S. 80H(3C) inserted (30.6.2014) by Children and Families Act 2014 (c. 6), ss. 133(5), 139(6); S.I. 2014/1640, art. 3(1)(m) (with art. 10)
F8: S. 80H(4) repealed (30.6.2014) by Children and Families Act 2014 (c. 6), ss. 132(5)(c), 139(6); S.I. 2014/1640, art. 3(1)(l) (with art. 10)
F9: Word in s. 80H(5)(a) substituted (1.10.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 12 para. 4(23)(a); S.I. 2026/954, reg. 3 (with reg. 4)
F10: Word in s. 80H(5)(b) substituted (1.10.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 12 para. 4(23)(b); S.I. 2026/954, reg. 3 (with reg. 4)
F11: Words in s. 80H(6) substituted (30.6.2014) by Children and Families Act 2014 (c. 6), ss. 133(6), 139(6); S.I. 2014/1640, art. 3(1)(m) (with art. 10)
F12: S. 80H(7) 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(22) (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)