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Legislation
Employment Rights Act 1996

Crossheading Looking for work and making arrangements for training

  • Section 52 Right to time off to look for work or arrange training.
  • Section 53 Right to remuneration for time off under section 52.
  • Section 54 Complaints to employment tribunals.
  1. Looking for work and making arrangements for training
  2. Complaints to employment tribunals.

Section 54 | Complaints to employment tribunals.

From legislation.gov.uk

(1)An employee may present a complaint to an employment tribunal that his employer—F1

(a)has unreasonably refused to permit him to take time off as required by section 52, or

(b)has failed to pay the whole or any part of any amount to which the employee is entitled under section 53(1) or (4).

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

(a)before the end of the period of six months beginning with the date on which it is alleged that the time off should have been permitted, 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—F1

(a)make a declaration to that effect, and

(b)order the employer to pay to the employee the amount which it finds due to him.

(4)The amount which may be ordered by a tribunal to be paid by an employer under subsection (3) (or, where the employer is liable to pay remuneration under section 53, the aggregate of that amount and the amount of that liability) shall not exceed, in respect of the notice period of any employee, forty per cent. of a week’s pay of that employee.

Notes

  1. F1

    Words in s. 54(1)-(3) and sidenote to s. 54 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. 54(2)(a) substituted (1.10.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 12 para. 4(8)(a); S.I. 2026/954, reg. 3 (with reg. 4)

  3. F3

    Word in s. 54(2)(b) substituted (1.10.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 12 para. 4(8)(b); S.I. 2026/954, reg. 3 (with reg. 4)

  4. F4

    S. 54(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(7) (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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