Section 205 — Remedy for infringement of certain rights.

(1) The remedy of an employee for infringement of any of the rights conferred by section 8, Part III, Parts V to VIII, [F1 Part 8B,] section 92, Part X and Part XII is, where provision is made for a complaint or the reference of a question to an [F2 employment tribunal], by way of such a complaint or reference and not otherwise.

(1YA) [F3 In relation to the right conferred by section 44(1A), the reference in subsection (1) to an employee has effect as a reference to a worker.]

(1A) [F4 In relation to the right conferred by section 47B, the reference in subsection (1) to an employee has effect as a reference to a worker.]

(1ZA) [F5 In relation to the right conferred by section 45A, the reference in subsection (1) to an employee has effect as a reference to a worker.]

(2) The remedy of a worker in respect of any contravention of section 13, 15, 18(1) or 21(1) is by way of a complaint under section 23 and not otherwise.

Amendment notes

1. F1 Words in s. 205(1) inserted (4.12.2023) by Carer’s Leave Act 2023 (c. 18), s. 3(3), Sch. para. 15; S.I. 2023/1283, reg. 2
2. F2 Words in s. 205(1) 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
3. F3 S. 205(1YA) inserted (31.5.2021) by The Employment Rights Act 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order 2021 (S.I. 2021/618), arts. 1, 6
4. F4 S. 205(1A) inserted (2.7.1999) by 1998 c. 23, s. 14; S.I. 1999/1547, art. 2
5. F5 S. 205(1ZA) inserted (1.10.1998) by S.I. 1998/1833, reg. 31(7)