OpenLegislation

Section 147 Time limit for proceedings.C1C2C3

England, Wales and Scotland

F1(1)An F2employment tribunal shall not consider a complaint under section 146 unless it is presented—

(a)

before the end of the period of F3six months beginning with the date of the F4act 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, 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.

F5(2)

For the purposes of subsection (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 subsection (2), in the absence of evidence establishing the contrary an employer shall 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.

F6(4)

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

Annotations

Textual amendments

F1

S. 147 renumbered as s. 147(1) (25.10.1999) by 1999 c. 26, s. 2, Sch. 2 para. 3(2); S.I. 1999/2830, art. 2(1), Sch. 1 Pt. I (with Sch. 3 para. 1)

F2

Words in s. 147(1) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F3

Word in s. 147(1)(a) substituted (1.10.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 12 para. 2(8); S.I. 2026/954, reg. 3 (with reg. 4)

F4

Words in s. 147(1)(a) substituted (25.10.1999) by 1999 c. 26, s. 2, Sch. 2 para. 3(3); S.I. 1999/2830, art. 2(1), Sch. 1 Pt. I (with Sch. 3 para. 1)

F5

S. 147(2)(3) inserted (25.10.1999) by 1999 c. 26, s. 2, Sch. 2 para. 3(4); S.I. 1999/2830, art. 2(1), Sch. 1 Pt. I (with Sch. 3 para. 1)

F6

S. 147(4) inserted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 2 para. 8; S.I. 2014/253, art. 3(g)

Modifications

C1

S. 147 modified (E.W.) (2.3.1998) by S.I. 1998/218, art. 3, Sch.

S. 147 modified (1.9.1999) by S.I. 1999/2256, art. 3, Sch.

C2

S. 147 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 3, Sch.

C3

S. 147 modified (W.) (12.5.2006) by The Education (Modification of Enactments Relating to Employment) (Wales) Order 2006 (S.I. 2006/1073), art. 3, Sch.

Notes on Detriment

Textual amendments

F1

Words in cross-heading substituted (1.10.2004) by Employment Relations Act 2004 (c. 24), ss. 30(7), 59(2)-(4); S.I. 2004/2566), art. 3 (with arts. 4-8)