PART VIIIENFORCEMENT
Period within which proceedings to be brought
Period within which proceedings to be brought76
1
An industrial tribunal shall not consider a complaint under Article 63 unless it is presented to the tribunal before the end of
F1a
the period of three months beginning when the act complained of was done; or
b
in a case to which Article 82(9A) applies, the period of six months so beginning.
2
A county court shall not consider a claim under Article 66 unless proceedings in respect of the claim are instituted before the end of—
a
the period of six months beginning when the act complained of was done; or
b
in a case to which Article 66(5) applies, the period of eight months so beginning.
3
An industrial tribunal or county court shall not consider an application under Article 72(2)( a) unless it is made before the end of the period of six months beginning when the act to which it relates was done; and a county court shall not consider an application under Article 72(4) unless it is made before the end of the period of five years so beginning.
4
An industrial tribunal shall not consider a complaint under Article 73(1) unless it is presented to the tribunal before the end of the period of six months beginning when the act complained of was done.
5
A court or tribunal may nevertheless consider any such complaint, claim or application which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.
6
For the purposes of this Article—
a
where the inclusion of any term in a contract renders the making of the contract an unlawful act that act shall be treated as extending throughout the duration of the contract, and
b
any act extending over a period shall be treated as done at the end of that period, and
c
a deliberate omission shall be treated as done when the person in question does an act inconsistent with doing the omitted act or, if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the omitted act if it were to be done.
F2Extension of time limit: mediation76A
1
Paragraph (2) applies where—
a
there is mediation in relation to a relevant cross border dispute giving rise to proceedings under this Order; and
b
a period of time referred to in Article 76 (“the limitation period”) would, apart from this Article, expire—
i
in the period of 8 weeks after the date on which the mediation ends;
ii
on the date on which the mediation ends; or
ii
after the date on which all of the parties to the dispute agree to participate in the mediation but before the date on which the mediation ends.
2
Where this paragraph applies, the limitation period is extended so that it expires on the date falling 8 weeks after the date on which the mediation ends.
3
For the purposes of paragraph (1) and (2), a mediation in relation to a relevant cross-border dispute ends on the date of the first of these to occur—
a
all of the parties reach an agreement in resolution of the dispute;
b
all of the parties agree to end the mediation;
c
a party notifies all of the other parties of that party's withdrawal,
d
a period of 14 days expires after a request made by one party to another party for confirmation of whether the other party has withdrawn and the other party does not respond in that period, or
e
a period of 14 days expires after the date on which the mediator's tenure ends (by reason of death, resignation or otherwise) and a replacement mediator has not been appointed in that period.
4
In this Article—
“the Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21st May 2008 on certain aspects of mediation in civil and commercial matters;
“mediation” and “mediator” have the meanings given by Article 3 of the Directive; and
“relevant cross-border dispute” means a cross-border dispute within the meaning given by Article 2 of the Directive.