Regulation 30 RemediesC1

England, Wales and Scotland

(1)

A worker may present a complaint to an employment tribunal that his employer—

(a)

has refused to permit him to exercise any right he has under—

F1(i)

regulation 10(1) or (2), 11(1), (2) or (3), 12(1) or (4), 13 F2, 13A, 15B or 15D;

(ii)

regulation 24, in so far as it applies where regulation 10(1), 11(1) or (2) or 12(1) is modified or excluded; F3...

F4(iii)

regulation 24A, in so far as it applies where regulation 10(1), 11(1) or (2) or 12(1) is excluded; or

(iv)

regulation 25(3), 27A(4)(b) or 27(2); or

(b)

has failed to pay him the whole or any part of any amount due to him under regulation 14(2) F5, 15E, 16(1) or 16A.

(2)

F6Subject to F7F8regulation 30B, an employment tribunal shall not consider a complaint under this regulation unless it is presented—

(a)

before the end of the period of F9six months beginning with the date on which it is alleged that the exercise of the right should have been permitted (or in the case of a rest period or leave extending over more than one day, the date on which it should have been permitted to begin) or, as the case may be, the payment should have been made;

(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 F10... six months.

F11(2A)

Where the period within which a complaint must be presented in accordance with paragraph (2) is extended by regulation 15 of the Employment Act 2002 (Dispute Resolution) Regulations 2004, the period within which the complaint must be presented shall be the extended period rather than the period in paragraph (2).

(3)

Where an employment tribunal finds a complaint under paragraph (1)(a) well-founded, the tribunal—

(a)

shall make a declaration to that effect, and

(b)

may make an award of compensation to be paid by the employer to the worker.

(4)

The amount of the compensation shall be such as the tribunal considers just and equitable in all the circumstances having regard to—

(a)

the employer’s default in refusing to permit the worker to exercise his right, and

(b)

any loss sustained by the worker which is attributable to the matters complained of.

(5)

Where on a complaint under paragraph (1)(b) an employment tribunal finds that an employer has failed to pay a worker in accordance with regulation 14(2) F12or (5), 15E, 16(1) or 16A, it shall order the employer to pay to the worker the amount which it finds to be due to him.

Annotations

Textual amendments

F1: Reg. 30(1)(a)(i) substituted (1.10.2007) by The Working Time (Amendment) Regulations 2007 (S.I. 2007/2079), regs. 1(2), 2(11)
F2: Words in reg. 30(1)(a)(i) substituted (1.1.2024) by The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 (S.I. 2023/1426), regs. 1(2), 3(10)(a)(i)
F3: Word in reg. 30(1)(a)(ii) omitted (1.8.2003) by virtue of The Working Time (Amendment) Regulations 2003 (S.I. 2003/1684), regs. 1, 11
F4: Reg. 30(1)(a)(iii)(iv) substituted for reg. 30(1)(a)(iii) (1.8.2003) by The Working Time (Amendment) Regulations 2003 (S.I. 2003/1684), regs. 1, 11
F5: Words in reg. 30(1)(b) substituted (1.1.2024) by The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 (S.I. 2023/1426), regs. 1(2), 3(10)(a)(ii)
F6: Words in reg. 30(2) substituted (with application in accordance with regs. 3, 4 of the amending S.I.) by The Cross-Border Mediation (EU Directive) Regulations 2011 (S.I. 2011/1133), regs. 2, 68
F7: Words in reg. 30(2) substituted (6.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Employment) Order 2014 (S.I. 2014/386), art. 1, Sch. para. 3
F8: Word in reg. 30(2) 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. 20(2) (with reg. 5) (as amended by S.I. 2020/1493, regs. 1(1), 4(5)(6)); 2020 c. 1, Sch. 5 para. 1(1)
F9: Words in reg. 30(2)(a) substituted (1.10.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 12 para. 6(a); S.I. 2026/954, reg. 3 (with reg. 4)
F10: Words in reg. 30(2)(b) omitted (1.10.2026) by virtue of Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 12 para. 6(b); S.I. 2026/954, reg. 3 (with reg. 4)
F11: Reg. 30(2A) inserted (1.10.2004) by The Employment Act 2002 (Dispute Resolution) Regulations 2004 (S.I. 2004/752), regs. 1, 17(f) (with reg. 18)
F12: Words in reg. 30(5) substituted (1.1.2024) by The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 (S.I. 2023/1426), regs. 1(2), 3(10)(b)

Modifications

C1: Reg. 30 restricted (1.10.2004) by Employment Act 2002 (c. 22), ss. 32, 55(2), Sch. 4; S.I. 2004/1717, art. 2(2)