C2C3C4C5C6C7C8C9C10C11C12C13C14C15Part X Unfair dismissal

Annotations:
Modifications etc. (not altering text)
C2

Ss. 66-68, 70-71, 92-93, Pt. 10 (ss. 94-134) modified (E.W.) (2.3.1998) by S.I. 1998/218, art. 3, Sch.

Pt. 10 (ss. 94-134) applied (with modifications) (E.W.) by S.I. 1998/218, art. 4(b)

Pt. 10 (ss. 94-134) modified (1.1.1999) by 1998 Measure No. 1, s. 6(1), Sch. 3 para. 3(1)(2); Instrument dated 14.10.1998 made by the Archbishops of Canterbury and York

Pt. 10 (ss. 94-134) modified (6.6.2000) by 1992 c. 52, s. 70A, Sch. A1 para. 161(1), 162 (as inserted (6.6.2000) by 1999 c. 26, s. 1, Sch. 1; S.I. 2000/1338, art. 2(a))

Pt. 10 (ss. 94-134) modified (4.9.2000) by 1999 c. 26, ss. 12(3)(6), (with ss. 14, 15); S.I. 2000/2242, art. 2(1)

Pt. 10 (ss. 94-134) modified (24.4.2000) by 1992 c. 52, s. 238A(2) (as inserted (24.4.2000) by 1999 c. 26, ss. 16, Sch. 5 para. 3; S.I. 2000/875, art. 2 (with transitional provision in art. 3))

Pt. 10 (ss. 94-134) modified (E.W.) (1.9.1999) by S.I. 1999/2256, arts. 3, 4(b), Sch.

C3

Pt. 10 (ss. 94-134) applied for certain purposes (14.8.2000) by S.I. 2000/1828, art. 2

Pt. 10 (ss. 94-134) applied (E.W.) (21.5.2001) by S.I. 2001/1185, arts. 2, 3, Sch. para. 95

C6

Pt. 10 modified (6.4.2006 with application in accordance with reg. 21(1) of the amending S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), regs. 1(2), 7

C1Chapter II Remedies for unfair dismissal

Annotations:
Modifications etc. (not altering text)

Introductory

111 Complaints to F1employment tribunal.

1

A complaint may be presented to an F1employment tribunal against an employer by any person that he was unfairly dismissed by the employer.

2

F2Subject to the following provisions of this section, an F1employment tribunal shall not consider a complaint under this section unless it is presented to the tribunal—

a

before the end of the period of three months beginning with the effective date of termination, 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.

F32A

Section 207A(3) (extension because of mediation in certain European cross-border disputes) applies for the purposes of subsection (2)(a).

3

Where a dismissal is with notice, an F1employment tribunal shall consider a complaint under this section if it is presented after the notice is given but before the effective date of termination.

4

In relation to a complaint which is presented as mentioned in subsection (3), the provisions of this Act, so far as they relate to unfair dismissal, have effect as if—

a

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

references to reinstatement included references to the withdrawal of the notice by the employer,

c

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

references to an employee ceasing to be employed included references to an employee having been given notice of dismissal.

F45

Where the dismissal is alleged to be unfair by virtue of section 104F (blacklists),

a

subsection (2)(b) does not apply, and

b

an employment tribunal may consider a complaint that is otherwise out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.