Section 188: Complaints to employment tribunals.

Employment Rights Act 1996 · 1996 c. 18View on legislation.gov.uk

Part XII: Insolvency of employers

A person who has applied for a payment under section 182 may present a complaint to an employment tribunal—

that the Secretary of State has failed to make any such payment, or
that any such payment made by him is less than the amount which should have been paid.

An employment tribunal shall not consider a complaint under subsection (1) unless it is presented—

before the end of the period of three months beginning with the date on which the decision of the Secretary of State on the application was communicated to the applicant, or
within such further period as the tribunal considers reasonable in a case where it is not reasonably practicable for the complaint to be presented before the end of that period of three months.

Where an employment tribunal finds that the Secretary of State ought to make a payment under section 182, the tribunal shall—

make a declaration to that effect, and
declare the amount of any such payment which it finds the Secretary of State ought to make.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.