HC Deb 24 February 1971 vol 812 cc735-6

(1) Any person employed in an undertaking may present to an industrial tribunal a complaint against the employer who is the owner of the undertaking that—

  1. (a) under section 53 of this Act it was the duty of the employer to issue to him a statement relating to a period specified in the complaint and containing the information required in acordance with regulations made under that section, and
  2. (b) the employer has not fulfilled that duty as required by that section.
(2) If, on such a complaint, the industrial tribunal finds that the grounds of the complaint are well-founded, the tribunal may, if it considers that it would be just and equitable to do so, make an order determining the rights of the person who presented the complaint and of the employer in relation to the matters to which the complaint relates. (3) Where an industrial tribunal makes an order under this section, the tribunal may direct that, in relation to the period specified in the complaint, the time limited by section 53(2) of this Act shall be extended for such further period as may be specified in the order; and in the next following subsection 'the time allowed by the tribunal' means the time so limited together with any further period specified in the order. (4) If a person whose rights have been determined by an order made by an industrial tribunal under this section claims that, notwithstanding, the order, the employer has not, within the time allowed by the tribunal, issued to him a statement in accordance with his rights as so authorised, he may present a complaint to that effect to the Industrial Court. (5) On a complaint presented under subsection (4) of this section the Industrial Court may, if it finds that the grounds of the complaint are well-founded and considers that it would be just and equitable to do so, make an order directing the employer, before the end of such period as may be specified in the order of the Court, to issue to the complainant a statement containing such information as the Court considers appropriate, having regard to the rights determined by the order of the industrial tribunal.—[Mr. R. Carr.]

Brought up, read the First and Second time and added to the Bill.

Schedule I agreed to.

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