OpenLegislation

Section 70C Section 70B: complaint to employment tribunal.C1F1

England, Wales and Scotland

(1)

A trade union may present a complaint to an employment tribunal that an employer has failed to comply with his obligations under section 70B in relation to a bargaining unit.

(2)

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

(a)

before the end of the period of F2six months beginning with the date of the alleged failure, 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 F3six months.

(F42A)

Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).

(3)

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

(a)

shall make a declaration to that effect, and

(b)

may make an award of compensation to be paid by the employer to each person who was, at the time when the failure occurred, a member of the bargaining unit.

(4)

The amount of the award shall not, in relation to each person, exceed two weeks’ pay.

(5)

For the purpose of subsection (4) a week’s pay—

(a)

shall be calculated in accordance with Chapter II of Part XIV of the M1Employment Rights Act 1996 (taking the date of the employer’s failure as the calculation date), and

(b)

shall be subject to the limit in section 227(1) of that Act.

(6)

Proceedings for enforcement of an award of compensation under this section—

(a)

may, in relation to each person to whom compensation is payable, be commenced by that person, and

(b)

may not be commenced by a trade union.

Annotations

Textual amendments

F1

Ss. 70B, 70C inserted (6.6.2000) by 1999 c. 26, s. 5; S.I. 2000/1338, art. 2(b)

F2

Word in s. 70C(2)(a) substituted (1.10.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 12 para. 2(4)(a); S.I. 2026/954, reg. 3 (with reg. 4)

F3

Word in s. 70C(2)(b) substituted (1.10.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 12 para. 2(4)(b); S.I. 2026/954, reg. 3 (with reg. 4)

F4

S. 70C(2A) inserted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 2 para. 4; S.I. 2014/253, art. 3(g)

Marginal citations

M1

1996 c. 18.

Modifications

C1

S. 70C applied (14.8.2000) by S.I. 2000/1828, art. 2(5)(a)

Notes on Chapter VA

Textual amendments

F1

S. 70A of Chapter VA Pt. I and Chapter heading inserted (6.6.2000) by 1999 c. 26, ss. 1(2); S.I. 2000/1338, art. 2(a)