Enterprise and Regulatory Reform Act 2013 (c. 24)

SCHEDULES

SCHEDULE 2 U.K. Extension of limitation periods to allow for conciliation

Equality Act 2010 (c. 15) E+W+S

42 E+W+S The Equality Act 2010 is amended as follows.

Commencement Information

I1 Sch. 2 para. 42 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

43 E+W+S In section 123 (time limits: proceedings under section 120), in subsection (1), for “section 140A” substitute “ sections 140A and 140B ”.

Commencement Information

I2 Sch. 2 para. 43 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

44 E+W+S In section 129 (time limits: proceedings under section 127)—

(a) in subsection (3), for “section 140A” substitute “ sections 140A and 140B ”;

(b) in subsection (4), after “the period mentioned in the second column” insert “ , subject to section 140B ”.

Commencement Information

I3 Sch. 2 para. 44 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

45 E+W+S After section 140A (extension of time limits because of mediation in certain cross-border disputes) insert—

“140B Extension of time limits to facilitate conciliation before institution of proceedings

(1) This section applies where a time limit is set by section 123(1)(a) or 129(3) or (4).

But it does not apply to a dispute that is (or so much of a dispute as is) a relevant dispute for the purposes of section 140A.

(2) In this section—

(a) Day A is the day on which the complainant or applicant concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and

(b) Day B is the day on which the complainant or applicant concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section.

(3) In working out when the time limit set by section 123(1)(a) or 129(3) or (4) expires the period beginning with the day after Day A and ending with Day B is not to be counted.

(4) If the time limit set by section 123(1)(a) or 129(3) or (4) would (if not extended by this subsection) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.

(5) The power conferred on the employment tribunal by subsection (1)(b) of section 123 to extend the time limit set by subsection (1)(a) of that section is exercisable in relation to that time limit as extended by this section.”

Commencement Information

I4 Sch. 2 para. 45 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)