Modifications etc. (not altering text)
C1Pt. V modified by S.I. 1981/1794, regs. 8(1)(4), 13
Pt. V (ss. 54-80) modified (3.4.1995) by 1994 c. 19, s. 44(1)(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 7, Sch. 3
Pt. V modified (E.W.) (ss. 54-80) (26.8.1994) by 1994 c. 20, s. 4, Sch. 4 para. 7(1)(3); S.I. 1994/1841, art. 2
Pt. V modified (ss. 54-80) (prosp.) by 1995 c. 26, ss. 46(5)(6), 180(1) (which c. 46 was repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202))
C2Pt. V (ss. 54–80) modified by S.I. 1989/901, arts. 3, 4(b), Sch.
C3Pt. V (ss. 54-80) modified (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss.152(1),153, 302.
Pt. V (ss. 54-80) excluded (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 167(1), 302.
Pt. V: by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 167(1)(2)(3), 302 it is provided (16.10.1992) that Pt. V of this Act shall have effect subject to the provisions of ss. 152-166 of that 1992 Act and that those sections shall be construed as one with this Part.
(1)A complaint may be presented to an industrial tribunal against an employer by any person (in this Part referred to as the complainant) that he was unfairly dismissed by the employer.
(2)Subject to subsection (4), an industrial tribunal shall not consider a complaint under this section unless it is presented to the tribunal before the end of the period of three months beginning with the effective date of termination or 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 the period of three months.
[F1(3)Subsection (2) shall apply in relation to a complaint to which section 62(3) applies as if—
(a)for the references to three months there were substituted, in each case, a reference to six months; and
(b)as if for the reference to the effective date of termination there were submitted a reference to the complainant’s date of dismissal (within the meaning of section 62(4)).]
(4)An industrial tribunal shall consider a complaint under this section if, where the dismissal is with notice, the complaint is presented after the notice is given notwithstanding that it is presented before the effective date of termination and in relation to such a complaint the provisions of this Act, so far as they relate to unfair dismissal, shall have effect—
(a)as if references to a complaint by a person that he was unfairly dismissed by his employer included references to a complaint by a person that his employer has given him notice in such circumstances that he will be unfairly dismissed when the notice expires;
(b)as if references to reinstatement included references to the withdrawal of the notice by the employer;
(c)as if references to the effective date of termination included references to the date which would be the effective date of termination on the expiry of the notice; and
(d)as if references to an employee ceasing to be employed included references to an employee having been given notice of dismissal.
Textual Amendments
F1S. 67(3) substituted by Employment Act 1982 (c. 46, SIF 43:5), s. 9(5) with saving in S.I. 1982/1656, Sch. 2