Part III Rights in relation to union membership and activities
F5Detriment
C1C2C3147 Time limit for proceedings.
F1(1)An F2employment tribunal shall not consider a complaint under section 146 unless it is presented—
a
before the end of the period of three months beginning with the date of the F3act or failure to which the complaint relates or, where that act or failure is part of a series of similar acts or failures (or both) the last of them , or
b
where the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period, within such further period as it considers reasonable.
F42
For the purposes of subsection (1)—
a
where an act extends over a period, the reference to the date of the act is a reference to the last day of that period;
b
a failure to act shall be treated as done when it was decided on.
F43
For the purposes of subsection (2), in the absence of evidence establishing the contrary an employer shall be taken to decide on a failure to act—
a
when he does an act inconsistent with doing the failed act, or
b
if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the failed act if it was to be done.
F64
Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (1)(a).
Words in cross-heading substituted (1.10.2004) by Employment Relations Act 2004 (c. 24), ss. 30(7), 59(2)-(4); S.I. 2004/2566), art. 3 (with arts. 4-8)