The Employment Rights (Northern Ireland) Order 1996

Complaints to industrial tribunal N.I.

74.—(1)  [F1 A worker or former worker] may present a complaint to an industrial tribunal on the ground that[F2 he has been subjected to a detriment] by his employer in contravention of Article 73.

(2) An industrial tribunal shall not consider a complaint under this Article unless it is presented—

(a) before the end of the period of three months beginning with the date of the[F2 act 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) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

[F3 (2A) Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).]

[F2 (3) For the purposes of paragraph (2)—

(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.

(4) For the purposes of paragraph (3), 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.]

F1 2004 NI 19

F2 1999 NI 9

F3 Art. 74(2A) inserted (27.1.2020) by Employment Act (Northern Ireland) 2016 (c. 15), s. 29(2), Sch. 2 para. 17; S.R. 2020/1, art. 2(n)