OpenLegislation

Paragraph 11

England, Wales and Scotland

(1)

Any dispute as to whether an offer of employment complies with sub-paragraph (2) of paragraph 9 above shall be referred to and be determined by an F1employment tribunal.

(2)

An employment tribunal shall not consider a complaint referred to it under sub-paragraph (1) above unless the complaint is presented to the tribunal before the end of the period of 3 months beginning with the date of the offer of employment or, in a case where the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented before the end of the period of 3 months, within such further period as the tribunal considers reasonable.

(3)

Subject to sub-paragraph (4) below, there shall be no appeal from the decision of an employment tribunal under this paragraph.

(4)

An appeal to the Employment Appeal Tribunal may be made only on a question of law arising from the decision of, or in proceedings before, an employment tribunal under this paragraph.

Annotations

Textual amendments

F1

Words in Sch. 5 para. 11 substituted (1.8.1998) by 1998 c. 8, s. 1(2) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1 (with transitional and saving provisions in art. 3)

Notes on Schedule 5

Textual amendments

F1

Sch. 5 repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 73, Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5