OpenLegislation

Section 93 Complaints to employment tribunal.F1C1C2C3C4

England, Wales and Scotland

(1)

A complaint may be presented to an employment tribunal by an employee on the ground that—

(a)

the employer unreasonably failed to provide a written statement under section 92, or

(b)

the particulars of reasons given in purported compliance with that section are inadequate or untrue.

(2)

Where an employment tribunal finds a complaint under this section well-founded, the tribunal—

(a)

may make a declaration as to what it finds the employer’s reasons were for dismissing the employee, and

(b)

shall make an award that the employer pay to the employee a sum equal to the amount of two weeks’ pay.

(3)

An employment tribunal shall not consider a complaint under this section relating to the reasons for a dismissal unless it is presented to the tribunal at such a time that the tribunal would, in accordance with section 111, consider a complaint of unfair dismissal in respect of that dismissal presented at the same time.

Annotations

Textual amendments

F1

Words in s. 93(1)-(3) and sidenote to s. 93 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

Modifications

C1

Ss. 66-68, 70-71, 92-93, Pt. X (ss. 94-134) modified (E.W.) (2.3.1998) by S.I. 1998/218, art. 3, Sch. (which S.I. was revoked (1.9.1999) by S.I. 1999/2256, art. 1(2))

C2

S. 93 modified (E.W.) (1.9.1999) by S.I. 1999/2256, art. 3, Sch.

C3

S. 93 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 3, Sch.

C4

S. 93 modified (W.) (12.5.2006) by The Education (Modification of Enactments Relating to Employment) (Wales) Order 2006 (S.I. 2006/1073), arts. 1(1), 3, {Sch. }

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)