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Legislation
Employment Rights Act 1996

Chapter II PARENTAL LEAVE

  • Section 76 Entitlement to parental leave.
  • Section 77 Rights during and after parental leave.
  • Section 78 Special cases.
  • Section 79 Supplemental.
  • Section 80 Complaint to employment tribunal.
  1. Chapter II · PARENTAL LEAVE
  2. Complaint to employment tribunal.

Section 80 | Complaint to employment tribunal. F1

From legislation.gov.uk

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

(a)has unreasonably postponed a period of parental leave requested by the employee, or

(b)has prevented or attempted to prevent the employee from taking parental leave.

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

(a)before the end of the period of six months beginning with the date (or last date) of the matters complained of, 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) apply] for the purposes of subsection (2)(a).F4

(3)Where an employment tribunal finds a complaint under this section well-founded it—

(a)shall make a declaration to that effect, and

(b)may make an award of compensation to be paid by the employer to the employee.

(4)The amount of compensation shall be such as the tribunal considers just and equitable in all the circumstances having regard to—

(a)the employer’s behaviour, and

(b)any loss sustained by the employee which is attributable to the matters complained of.

Notes

  1. F1

    Pt. 8 (ss. 71-80) substituted for Pt. 8 (ss. 71-85) (15.12.1999) by 1999 c. 26, s. 7, Sch. 4 Pt. 1; S.I. 1999/2830, art. 2(1)(2), Sch. 1 Pt. 2 (with transitional provisions in Sch. 3 para. 10)

  2. F2

    Word in s. 80(2)(a) substituted (1.10.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 12 para. 4(22)(a); S.I. 2026/954, reg. 3 (with reg. 4)

  3. F3

    Word in s. 80(2)(b) substituted (1.10.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 12 para. 4(22)(b); S.I. 2026/954, reg. 3 (with reg. 4)

  4. F4

    S. 80(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(21) (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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