C1Part III Unlawful Discrimination

Annotations:
Modifications etc. (not altering text)

Complaints of unlawful discrimination

24F1 Jurisdiction of the Fair Employment Tribunal.

1

A complaint by any person (“the complainant”) that another person (“the respondent”) has committed unlawful discrimination against him may be presented to the Tribunal.

2

Subject to subsection (3), the Tribunal shall not consider a complaint unless it is brought before whichever is the earlier of—

a

the end of the period of three months beginning with the day on which the complainant first had knowledge, or might reasonably be expected first to have had knowledge, of the act complained of, or

b

the end of the period of six months beginning with the day on which the act was done.

F22A

For the purposes of subsection (2)—

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.

3

The Tribunal may consider a complaint which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.

4

The Tribunal shall not consider a complaint relating to an act which is unlawful by virtue of section 23 if the act is one in respect of which an appeal, or proceedings in the nature of an appeal, may be brought to a court under any enactment.