SCHEDULES
SCHEDULE 2 Union Membership: Detriment
Time limit for proceedings
3
1
Section 147 shall be amended as follows.
2
Before “An” insert “
(1)
”
.
3
In paragraph (a) of subsection (1) (as created by sub-paragraph (2) above) for the words from “action to which” to “those actions” substitute “
act or failure to which the complaint relates or, where that act or failure is part of a series of similar acts or failures (or both) the last of them
”
.
4
After subsection (1) (as created by sub-paragraph (2) above) insert—
2
For the purposes of subsection (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 subsection (2), in the absence of evidence establishing the contrary an employer shall 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.