Regulation 8 Complaints to employment tribunalsI1
England, Wales and Scotland
Subject to regulation 7(4), a worker may present a complaint to an employment tribunal that an employer has infringed the right conferred on the worker by regulation 7(2).
Subject to paragraph (3), an employment tribunal must not consider a complaint under this regulation unless it is presented before the end of the period of three months beginning with the date of the act or failure to act to which the complaint relates, or where that act or failure is part of a series of similar acts or failures, the last of them.
Regulation 8A (extension of time limit to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2).
A tribunal may consider any such complaint which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.
For the purposes of paragraph (2)—
where an act extends over a period, the “date of the act” means the last day of that period; and
failure to do something is to be treated as occurring when the person in question decided on it.
In the absence of evidence to the contrary, a person (P) is to be taken to decide on failure to do something—
when P does an act inconsistent with doing it, or
if P does no inconsistent act, on the expiry of the period in which P might reasonably have been expected to do it.
Where a worker presents a complaint under this regulation it is for the employer to identify the ground on which any act, or deliberate failure to act, was done.
Annotations
Textual amendments
- F1
Reg. 8(2A) inserted (5.12.2022) by The Employment Tribunals Act 1996 (Application of Conciliation Provisions) Order 2022 (S.I. 2022/1181), arts. 1(2), 3(2)
Commencement
- I1
Reg. 8 in force at 5.12.2022, see reg. 1(2)