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Employment Protection (Consolidation) Act 1978

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Changes over time for: Section 67

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Version Superseded: 22/08/1996

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Status:

Point in time view as at 16/10/1992. This version of this provision has been superseded. Help about Status

Changes to legislation:

There are currently no known outstanding effects for the Employment Protection (Consolidation) Act 1978, Section 67. Help about Changes to Legislation

67 Complaint to industrial tribunal.E+W+S

(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

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