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Contents

Legislation
Employment Rights Act 1996

Part XII Insolvency of employers

  • Section 182 Employee’s rights on insolvency of employer.
  • Section 183 Insolvency.
  • Section 184 Debts to which Part applies.
  • Section 185 The appropriate date.
  • Section 186 Limit on amount payable under section 182.
  • Section 187 Role of relevant officer.
  • Section 188 Complaints to employment tribunals.
  • Section 189 Transfer to Secretary of State of rights and remedies.
  • Section 190 Power to obtain information.
  1. Part XII · Insolvency of employers
  2. Complaints to employment tribunals.

Section 188 | Complaints to employment tribunals.

From legislation.gov.uk

(1)A person who has applied for a payment under section 182 may present a complaint to an employment tribunal—F1

(a)that the Secretary of State has failed to make any such payment, or

(b)that any such payment made by him is less than the amount which should have been paid.

(2)An employment tribunal shall not consider a complaint under subsection (1) unless it is presented—F1

(a)before the end of the period of six months beginning with the date on which the decision of the Secretary of State on the application was communicated to the applicant, orF2

(b)within such further period as the tribunal considers reasonable in a case where it is not reasonably practicable for the complaint to be presented before the end of that period of six months.F3

(3)Where an employment tribunal finds that the Secretary of State ought to make a payment under section 182, the tribunal shall—F1

(a)make a declaration to that effect, and

(b)declare the amount of any such payment which it finds the Secretary of State ought to make.

Notes

  1. F1

    Words in s. 188(1)-(3) and sidenote to s. 1888 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

  2. F2

    Word in s. 188(2)(a) substituted (1.10.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 12 para. 4(26)(a); S.I. 2026/954, reg. 3 (with reg. 4)

  3. F3

    Word in s. 188(2)(b) substituted (1.10.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 12 para. 4(26)(b); S.I. 2026/954, reg. 3 (with reg. 4)

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