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The Employment Equality (Religion or Belief) Regulations 2003

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Employment Equality (Religion or Belief) Regulations 2003 No. 1660

Period within which proceedings to be brought

34.—(1) An employment tribunal shall not consider a complaint under regulation 28 unless it is presented to the tribunal before the end of—

(a)the period of three months beginning when the act complained of was done; or

(b)in a case to which regulation 36(7) (armed forces) applies, the period of six months so beginning.

(2) A county court or a sheriff court shall not consider a claim brought under regulation 31 unless proceedings in respect of the claim are instituted before the end of the period of six months beginning when the act complained of was done.

(3) A court or tribunal may nevertheless consider any such complaint or claim which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.

(4) For the purposes of this regulation and regulation 33 (help for persons in obtaining information etc)—

(a)when the making of a contract is, by reason of the inclusion of any term, an unlawful act, that act shall be treated as extending throughout the duration of the contract; and

(b)any act extending over a period shall be treated as done at the end of that period; and

(c)a deliberate omission shall be treated as done when the person in question decided upon it,

and in the absence of evidence establishing the contrary a person shall be taken for the purposes of this regulation to decide upon an omission when he does an act inconsistent with doing the omitted 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 omitted act if it was to be done.

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