Section 27BT | Complaints to employment tribunal ^F1

(1)A worker may present a complaint to an employment tribunal that the worker’s employer—

(a)has failed to make the whole or any part of a payment that the employer is liable to make to the worker under section 27BP(1);

(b)has unreasonably failed to give to the worker a notice under section 27BR(2);

(c)has given to the worker a notice in purported compliance with section 27BR(2) that—

(i)does not refer to any provision of the regulations;

(ii)does not contain an explanation or contains an explanation that is inadequate or untrue.

(2)An employment tribunal must not consider a complaint under subsection (1)(a) relating to a payment unless it is presented before the end of the period of six months beginning with the day after the day on or before which the payment should have been made (see section 27BP(5)).

(3)An employment tribunal must not consider a complaint under subsection (1)(b) relating to a notice unless it is presented before the end of the period of six months beginning with the day after the day on or before which the notice should have been given (see section 27BR(5)(b)).

(4)An employment tribunal must not consider a complaint under subsection (1)(c) relating to a notice unless it is presented before the end of the period of six months beginning with the day after the day on which the notice is given.

(5)But, if the employment tribunal is satisfied that it was not reasonably practicable for a complaint under this section to be presented before the end of the relevant period of six months, the tribunal may consider the complaint if it is presented within such further period as the tribunal considers reasonable.

(6)Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsections (2) to (4).