Section 80N Complaint to employment tribunalF1

(1)

An employee may complain to an employment tribunal that their employer—

(a)

has unreasonably postponed a period of carer’s leave, or

(b)

has prevented or attempted to prevent the employee from taking carer’s leave.

(2)

The tribunal must not consider the complaint unless it is made—

(a)

before the end of the period of F2six months beginning with the date (or last date) of the matter complained of, 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 made before the end of that period of F3six months.

(3)

Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).

(4)

The tribunal, if satisfied that an employer has acted as described in subsection (1)(a) or (b)—

(a)

must make a declaration to that effect, and

(b)

may award compensation to be paid by the employer to the employee.

(5)

The amount of any compensation must be the amount the tribunal considers just and equitable in all the circumstances, including—

(a)

the employer’s behaviour, and

(b)

any consequential loss sustained by the employee.

Annotations

Textual amendments

F1: Pt. 8B inserted (4.12.2023) by Carer’s Leave Act 2023 (c. 18), s. 3(3), Sch. para. 2; S.I. 2023/1283, reg. 2
F2: Word in s. 80N(2)(a) substituted (1.10.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 12 para. 4(24)(a); S.I. 2026/954, reg. 3 (with reg. 4)
F3: Word in s. 80N(2)(b) substituted (1.10.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 12 para. 4(24)(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)