Section 35(4)

The Secretary of State shall not make an order under this section in respect of an agreement unless— the agreement provides for procedures to be followed (whether by arbitration or otherwise) in cases where an employee claims that his employer has failed to pay the whole or any part of any guaranteed remuneration to which the employee is entitled under the agreement and those procedures include a right to arbitration or adjudication by an independent referee or body in cases where (by reason of an equality of votes or otherwise) a decision cannot otherwise be reached, or the agreement indicates that an employee to whom the agreement relates may present a complaint to an employment tribunal that his employer has failed to pay the whole or any part of any guaranteed remuneration to which the employee is entitled under the agreement.

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Source: legislation.gov.uk · retrieved 2026-09-04