Schedule 1: Minor and consequential amendments Part 3: Time Off Work: Ante-Natal Care, Adoption Appointments Article 85ZH: Complaint to industrial tribunal: agency workers
Article 85ZH(1) provides that an agency worker who is unreasonably refused time off by a temporary work agency may present a complaint to an industrial tribunal; paragraph (2) provides the same right where the unreasonable refusal is by the hirer. The complaint must be made within the designated time limit in paragraph (3) (usually three months). If the complaint is substantiated the tribunal, per paragraph (4), must make an order to this effect and must award compensation calculated in accordance with paragraphs (6) to (9) of twice the hourly pay of the agency worker for the period of absence. In ordering such a payment, the tribunal under paragraph (5) will determine the proportion to be paid, respectively, by the temporary work agency and the hirer in accordance with its assessment of the culpability of each for the infringement.