Schedule 1: Minor and consequential amendments Part 3: Time Off Work: Ante-Natal Care, Adoption Appointments Article 85ZQ: Complaint to industrial tribunal: agency workers
Paragraph (1) provides that an agency worker may complain to an industrial tribunal if the temporary work agency has unreasonably refused time off under Article 85ZN or 85ZP to attend an adoption appointment or has failed to pay amounts due under Article 85ZO. Paragraph (2) provides that an agency worker may also make a complaint that the hirer has unreasonably refused to let him or her take time off. The complaint must be made within the time limit designated in paragraph (3), normally three months.
If the complaint is substantiated the tribunal, per paragraph (4), must make a declaration accordingly. If time off has been refused, the tribunal must also order the temporary work agency or the hirer to pay the agency worker twice the amount to which he or she would have been entitled, per paragraphs (5), (7) and (8). If there has been a failure on the part of the temporary work agency to pay all or part of the amount due in respect of time off, the tribunal under paragraph (5) must order the temporary work agency to pay the due amount to the agency worker. In ordering a payment under paragraph (5) or (7), the tribunal under paragraph (9) 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.