(1)This section applies to—
(a)a complaint relating to a breach of an equality clause or rule;
(b)an application for a declaration referred to in section 127(3) or (4).
(2)Proceedings on the complaint or application may not be brought in an employment tribunal after the end of the qualifying period.
(3)If the complaint or application relates to terms of work other than terms of service in the armed forces, the qualifying period is, in a case mentioned in the first column of the table, the period mentioned in the second column.
| Case | Qualifying period |
|---|---|
| A standard case | The period of 6 months beginning with the last day of the employment or appointment. |
| A stable work case (but not if it is also a concealment or incapacity case (or both)) | The period of 6 months beginning with the day on which the stable working relationship ended. |
| A concealment case (but not if it is also an incapacity case) | The period of 6 months beginning with the day on which the worker discovered (or could with reasonable diligence have discovered) the qualifying fact. |
| An incapacity case (but not if it is also a concealment case) | The period of 6 months beginning with the day on which the worker ceased to have the incapacity. |
| A case which is a concealment case and an incapacity case. | The period of 6 months beginning with the later of the days on which the period would begin if the case were merely a concealment or incapacity case. |
(4)If the complaint or application relates to terms of service in the armed forces, the qualifying period is, in a case mentioned in the first column of the table, the period mentioned in the second column.
| Case | Qualifying period |
|---|---|
| A standard case | The period of 9 months beginning with the last day of the period of service during which the complaint arose. |
| A concealment case (but not if it is also an incapacity case) | The period of 9 months beginning with the day on which the worker discovered (or could with reasonable diligence have discovered) the qualifying fact. |
| An incapacity case (but not if it is also a concealment case) | The period of 9 months beginning with the day on which the worker ceased to have the incapacity. |
| A case which is a concealment case and an incapacity case. | The period of 9 months beginning with the later of the days on which the period would begin if the case were merely a concealment or incapacity case. |