Trade Union and Labour Relations (Consolidation) Act 1992

239 Supplementary provisions relating to unfair dismissal

(1) Sections 237 and 238 (loss of unfair dismissal protection in connection with industrial action) shall be construed as one with Part V of the [1978 c. 44.] Employment Protection (Consolidation) Act 1978 (unfair dismissal).

(2) In relation to a complaint to which section 238 applies, section 67(2) of that Act (time limit for complaint) does not apply, but an industrial tribunal shall not consider the complaint unless it is presented to the tribunal—

(a) before the end of the period of six months beginning with the date of the complainant’s dismissal (as defined by section 238(5)), 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 the tribunal considers reasonable.

(3) Where it is shown that the condition referred to in section 238(2)(b) is fulfilled (discriminatory re-engagement), the references in—

(a) sections 57 to 61 of the [1978 c. 44.] Employment Protection (Consolidation) Act 1978, and

(b) sections 152 and 153 of this Act,

to the reason or principal reason for which the complainant was dismissed shall be read as references to the reason or principal reason he has not been offered re-engagement.