Section 80 — Complaint to employment tribunal.

(1) [F1 An employee may present a complaint to an employment tribunal that his employer—]

(a) [F1 has unreasonably postponed a period of parental leave requested by the employee, or]

(b) [F1 has prevented or attempted to prevent the employee from taking parental leave.]

(2) [F1 An employment tribunal shall not consider a complaint under this section unless it is presented—]

(a) [F1 before the end of the period of three months beginning with the date (or last date) of the matters complained of, or]

(b) [F1 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.]

(2A) [F1 [F2 Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply] for the purposes of subsection (2)(a).]]

(3) [F1 Where an employment tribunal finds a complaint under this section well-founded it—]

(a) [F1 shall make a declaration to that effect, and]

(b) [F1 may make an award of compensation to be paid by the employer to the employee.]

(4) [F1 The amount of compensation shall be such as the tribunal considers just and equitable in all the circumstances having regard to—]

(a) [F1 the employer’s behaviour, and]

(b) [F1 any loss sustained by the employee which is attributable to the matters complained of.]

Amendment notes

1. F1 Pt. 8 (ss. 71-80) substituted for Pt. 8 (ss. 71-85) (15.12.1999) by 1999 c. 26, s. 7, Sch. 4 Pt. 1; S.I. 1999/2830, art. 2(1)(2), Sch. 1 Pt. 2 (with transitional provisions in Sch. 3 para. 10)
2. F2 S. 80(2A) 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. 12(21) (with reg. 5) (as amended by S.I. 2020/1493, regs. 1(1), 4(5)(6)); 2020 c. 1, Sch. 5 para. 1(1)