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Trade Union and Labour Relations (Consolidation) Act 1992

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Changes over time for: Paragraph 157

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Version Superseded: 06/04/2014

Alternative versions:

Status:

Point in time view as at 28/03/2011.

Changes to legislation:

Trade Union and Labour Relations (Consolidation) Act 1992, Paragraph 157 is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

157(1)An employment tribunal shall not consider a complaint under paragraph 156 unless it is presented—E+W+S

(a)before the end of the period of 3 months starting with the date of the act or failure to which the complaint relates or, if that act or failure is part of a series of similar acts or failures (or both), the last of them, or

(b)where the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period, within such further period as it considers reasonable.

(2)For the purposes of sub-paragraph (1)—

(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.

(3)For the purposes of sub-paragraph (2), in the absence of evidence establishing the contrary an employer must 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.

Modifications etc. (not altering text)

C1Sch. A1 para. 157 modified (6.6.2000) by S.I. 2000/1338, art. 3(1)(a)

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