Section 80N — Complaint to employment tribunal

(1) [F1 An employee may complain to an employment tribunal that their employer—]

(a) [F1 has unreasonably postponed a period of carer’s leave, or]

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

(2) [F1 The tribunal must not consider the complaint unless it is made—]

(a) [F1 before the end of the period of three months beginning with the date (or last date) of the matter 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 made before the end of that period of three months.]

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

(4) [F1 The tribunal, if satisfied that an employer has acted as described in subsection (1)(a) or (b)—]

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

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

(5) [F1 The amount of any compensation must be the amount the tribunal considers just and equitable in all the circumstances, including—]

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

(b) [F1 any consequential loss sustained by the employee.]

Amendment notes

1. F1 Pt. 8B inserted (4.12.2023) by Carer’s Leave Act 2023 (c. 18), s. 3(3), Sch. para. 2; S.I. 2023/1283, reg. 2