Paragraph 9 Transnational Information and Consultation of Employees Regulations 1999I1I2

In regulation 27 of the Transnational Information and Consultation of Employees Regulations 1999 (S.I. 1999/3323) (time off for members of a European Works Council etc)—

In the heading of regulation 27A of those Regulations (extension of time limit to facilitate conciliation before institution of proceedings), at the end insert “in Great Britain”.

After regulation 27A of those Regulations insert—

“Right to time off: complaints to industrial tribunals in Northern Ireland

27AA.

(1)

An employee may present a complaint to an industrial tribunal in Northern Ireland that the employee’s employer–

(a)

has unreasonably refused to permit the employee to take time off as required by regulation 25; or

(b)

has failed to pay the whole or any part of any amount to which the employee is entitled under regulation 26.

(2)

A tribunal shall not consider a complaint under this regulation unless it is presented–

(a)

before the end of the period of three 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

(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 three months.

(3)

Regulation 27B (extension of time limit to facilitate conciliation before institution of proceedings in Northern Ireland) applies for the purposes of paragraph (2).

(4)

Where a tribunal finds a complaint under this regulation well-founded, the tribunal shall make a declaration to that effect.

(5)

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 the employee would have been entitled under regulation 26 if the employer had not refused.

(6)

If the complaint is that the employer has failed to pay the employee the whole or part of any amount to which the employee is entitled under regulation 26, the tribunal shall also order the employer to pay to the employee the amount which it finds due to the employee.”

In regulation 27B of those Regulations (extension of time limit to facilitate conciliation before institution of proceedings in Northern Ireland)—