In section 47C of the Employment Rights Act 1996 (right not to be subjected to detriment for taking leave for family and domestic reasons), after subsection (4) there is inserted—
In section 48 of that Act (complaints to employment tribunals)—
in subsection (1), for "47C" there is substituted ;" 47C(1) "
after subsection (1A) there is inserted—1AAAn agency worker may present a complaint to an employment tribunal that the agency worker has been subjected to a detriment in contravention of section 47C(5) by the temporary work agency or the hirer.;
in subsection (2), for "such a complaint" there is substituted ;" a complaint under subsection (1), (1ZA), (1A) or (1B) "
after subsection (2) there is inserted—2AOn a complaint under subsection (1AA) it is for the temporary work agency or (as the case may be) the hirer to show the ground on which any act, or deliberate failure to act, was done.;
in subsection (4), after "an employer" there is inserted ;" , a temporary work agency or a hirer "
after subsection (5) there is inserted—6In this section and section 49 the following have the same meaning as in the Agency Workers Regulations 2010 (S.I. 2010/93)—"agency worker";"hirer";"temporary work agency".
In section 49 of that Act (remedies in the case of complaints to an employment tribunal)—
in subsection (1), for "under section 48" there is substituted ;" under section 48(1), (1ZA), (1A) or (1B) "
after subsection (1), there is inserted—1AWhere an employment tribunal finds a complaint under section 48(1AA) well-founded, the tribunal—ashall make a declaration to that effect, andbmay make an award of compensation to be paid by the temporary work agency or (as the case may be) the hirer to the complainant in respect of the act or failure to act to which the complaint relates.