Employment Rights Act 1996

48 Complaints to [F1 employment tribunals]. E+W+S

(1) An employee may present a complaint to an [F1 employment tribunal] that he has been subjected to a detriment in contravention of section 44, 45, 46 or 47.

[F2 (1ZA) A worker may present a complaint to an employment tribunal that he has been subjected to a detriment in contravention of section 45A.]

(2) On such a complaint it is for the employer to show the ground on which any act, or deliberate failure to act, was done.

(3) An [F1 employment tribunal] shall not consider a complaint under this section unless it is presented—

(a) before the end of the period of three months beginning with the date of the act or failure to act to which the complaint relates or, where that act or failure is part of a series of similar acts or failures, the last of them, 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.

(4) For the purposes of subsection (3)—

(a) where an act extends over a period, the “date of the act” means the last day of that period, and

(b) a deliberate failure to act shall be treated as done when it was decided on;

and, in the absence of evidence establishing the contrary, an employer shall be taken to decide on a failure to act when he does an act inconsistent with doing the failed 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 failed act if it was to be done.

Textual Amendments

F1 Words in s. 48(1)(3) and sidenote to s. 48 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F2 S. 48(1ZA) inserted (1.10.1998) by S.I. 1998/1833, reg. 31(2)

Modifications etc. (not altering text)

C1 S. 48(2)-(4) applied (with modifications) (1.11.1998) by 1998 c. 39, s. 24(2)(a) (with s. 36); S.I. 1998/2574, art. 2(1), Sch. 1