Regulation 10 Time limit for proceedings under regulation 9I1

England, Wales and Scotland

(1)

Subject to paragraph (2), an employment tribunal shall not consider a complaint under regulation 9 unless it is presented before the end of the period of F1six months beginning with the date of the act 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.

F2(1A)

Regulation 18 (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (1).

(2)

An employment tribunal may consider a complaint under regulation 9 that is otherwise out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.

(3)

For the purposes of paragraph (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 the period;

(b)

a failure to act shall be treated as done when it was decided on.

(4)

For the purposes of paragraph (3), in the absence of evidence establishing the contrary D shall be taken to decide on a failure to act—

(a)

when D does an act which is inconsistent with doing the failed act, or

(b)

if D has done no such inconsistent act, when the period expires within which D might reasonably have been expected to do the failed act if it was done.

Annotations

Textual amendments

F1: Word in reg. 10(1) substituted (1.10.2026) by The Employment Tribunal (Extension of Time Limits) (Miscellaneous Amendments and Transitional Provisions) Regulations 2026 (S.I. 2026/758), regs. 1(2), 6(b) (with reg. 10)
F2: Reg. 10(1A) inserted (6.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Employment) Order 2014 (S.I. 2014/386), art. 1, Sch. para. 65

Commencement

I1: Reg. 10 in force at 2.3.2010, see reg. 1(b)