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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 30 September 1997 - onwards
Version 2 of 2

40. Alternative means of claiming relief in cases of non-compliance with Part III.

(1) As respects a failure to comply with any provision of Part III in relation to an employee, the employee or, with the consent of the employee, any trade union of which the employee is a member may, in lieu of presenting a complaint in respect of such a failure under section 27, include in proceedings to be instituted by him or her or it in respect of any matter under an enactment referred to in the Table to section 39(2) a claim for relief in respect of such a failure and where such a claim is included the following provisions shall have effect:

(a) subject to the provisions of this section, the provisions of the said enactment (hereafter in this section referred to as ''the relevant enactment'') shall, with any necessary modifications, apply in like respects to the said claim (hereafter in this section referred to as ''the holidays claim'') and the procedures to be followed in respect of it (including procedures in respect of appeals) as they apply to the proceedings otherwise under the enactment,