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Legislation
Employment Rights Act 1996

Crossheading Adoption appointments

  • Section 57ZJ Right to paid time off to attend adoption appointments
  • Section 57ZK Right to remuneration for time off under section 57ZJ
  • Section 57ZL Right to unpaid time off to attend adoption appointments
  • Section 57ZM Complaint to employment tribunal
  1. Adoption appointments
  2. Complaint to employment tribunal

Section 57ZM | Complaint to employment tribunal F1

From legislation.gov.uk

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

(a)has unreasonably refused to let him or her take time off as required by section 57ZJ or 57ZL, orF1

(b)has failed to pay the whole or any part of any amount to which the employee is entitled under section 57ZK.F1

(2)An employment tribunal may 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 day of the appointment in question, orF1F2

(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.F1F3

(3)Section 207B applies for the purposes of subsection (2)(a).F1F4

(4)Where an employment tribunal finds a complaint under subsection (1) well-founded, it must make a declaration to that effect.F1

(5)If the complaint is that the employer has unreasonably refused to let the employee take time off as required by section 57ZJ, the tribunal must also order the employer to pay to the employee an amount that is twice the amount of the remuneration to which the employee would have been entitled under section 57ZK if the employer had not refused.F1

(6)If the complaint is that the employer has failed to pay the employee the whole or part of any amount to which the employee is entitled under section 57ZK, the tribunal must also order the employer to pay to the employee the amount which it finds due to the employee.F1

(7)If the complaint is that the employer has unreasonably refused to let the employee take time off as required by section 57ZL, the tribunal must also order the employer to pay to the employee an amount determined in accordance with subsection (8).F1

(8)The amount payable to the employee is—F1

Formula

A×B×2

where—

A is the appropriate hourly rate for the employee determined in accordance with section 57ZK(2) to (4), and

B is the number of working hours for which the employee would have been entitled under section 57ZL to be absent if the time off had not been refused.

Notes

  1. F1

    Ss. 57ZJ-57ZS and cross-headings inserted (5.4.2015) by Children and Families Act 2014 (c. 6), ss. 128(1), 139(6); S.I. 2014/1640, art. 6(d)

  2. F2

    Word in s. 57ZM(2)(a) substituted (1.10.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 12 para. 4(13)(a); S.I. 2026/954, reg. 3 (with reg. 4)

  3. F3

    Word in s. 57ZM(2)(b) substituted (1.10.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 12 para. 4(13)(b); S.I. 2026/954, reg. 3 (with reg. 4)

  4. F4

    S. 57ZM(3) 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(12) (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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