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Contents

Legislation
Employment Rights Act 1996

Part III Guarantee payments

  • Section 28 Right to guarantee payment.
  • Section 29 Exclusions from right to guarantee payment.
  • Section 30 Calculation of guarantee payment.
  • Section 31 Limits on amount of and entitlement to guarantee payment.
  • Section 32 Contractual remuneration.
  • Section 33 Power to modify provisions about guarantee payments.
  • Section 34 Complaints to employment tribunals.
  • Section 35 Exemption orders.
  1. Part III · Guarantee payments
  2. Complaints to employment tribunals.

Section 34 | Complaints to employment tribunals.

From legislation.gov.uk

(1)An employee may present a complaint to an employment tribunal that his employer has failed to pay the whole or any part of a guarantee payment to which the employee is entitled.F1

(2)An employment tribunal shall not consider a complaint relating to a guarantee payment in respect of any day unless the complaint is presented to the tribunal—F1

(a)before the end of the period of six months beginning with that day, orF2

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

(2A)Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).F4

(3)Where an employment tribunal finds a complaint under this section well-founded, the tribunal shall order the employer to pay to the employee the amount of guarantee payment which it finds is due to him.F1

Notes

  1. F1

    Words in s. 34(1)(2)(3) and sidenote to s. 34 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. 34(2)(a) substituted (1.10.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 12 para. 4(5)(a); S.I. 2026/954, reg. 3 (with reg. 4)

  3. F3

    Word in s. 34(2)(b) substituted (1.10.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 12 para. 4(5)(b); S.I. 2026/954, reg. 3 (with reg. 4)

  4. F4

    S. 34(2A) substituted (31.12.2020) by The Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2019 (S.I. 2019/469), reg. 1(1), Sch. 1 para. 12(4) (with reg. 5) (as amended by S.I. 2020/1493, regs. 1(1), 4(5)(6)); 2020 c. 1, Sch. 5 para. 1(1)

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