Schedule 1: Minor and consequential amendments Part 3: Time Off Work: Ante-Natal Care, Adoption Appointments Article 85ZM: Complaint to industrial tribunal
Paragraph (1) provides that an employee may complain to an industrial tribunal if the employer has unreasonably refused time off under Article 85ZJ or 85ZL to attend an adoption appointment or has failed to pay amounts due under Article 85ZK. The complaint must be made within the time limit designated in paragraph (2), normally three months.
If the complaint is substantiated the tribunal, per paragraph (3), must make a declaration accordingly. If time off has been refused, it must also order the employer to pay the employee twice the amount to which he or she would have been entitled, per paragraphs (4), (6) and (7). If there has been a failure on the part of the employer to pay all or part of the amount due in respect of time off, the tribunal under paragraph (5) must order the employer to pay the due amount to the employee.