OpenLegislation

Paragraph 157 C1

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

An employment tribunal shall not consider a complaint under paragraph 156 unless it is presented—

(a)

before the end of the period of F16 months starting with the date of the act or failure to which the complaint relates or, if that act or failure is part of a series of similar acts or failures (or both), the last of them, or

(b)

where the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period, within such further period as it considers reasonable.

(2)

For the purposes of sub-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 that period;

(b)

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

(3)

For the purposes of sub-paragraph (2), in the absence of evidence establishing the contrary an employer must be taken to decide on a failure to act—

(a)

when he does an act inconsistent with doing the failed act, or

(b)

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

F2(4)

Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of sub-paragraph (1)(a).

Annotations

Textual amendments

F1

Word in Sch. A1 para. 157(1)(a) substituted (1.10.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 12 para. 2(12); S.I. 2026/954, reg. 3 (with reg. 4)

F2

Sch. A1 para. 157(4) inserted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 2 para. 14; S.I. 2014/253, art. 3(g)

Modifications

C1

Sch. A1 para. 157 modified (6.6.2000) by S.I. 2000/1338, art. 3(1)(a)

Notes on Schedule A1

Textual amendments

F1

Sch. A1 (paras. 1-173) inserted (6.6.2000) by 1999 c. 26, s. 1(3), Sch. 1; S.I. 2000/1338, art. 2(d)

Modifications

C1

Sch. A1 (paras. 1-173) applied (14.8.2000) by S.I. 2000/1282, art. 2(5)(a)

C2

Sch. A1 modified (temp. from 6.4.2005) by The Employment Relations Act 2004 (Commencement No.3 and Transitional Provisions) Order 2005 (S.I. 2005/872), arts. 4, 21, Sch. (with arts. 6-21)