Time limit for proceedings under regulation 4
5.—(1) Subject to paragraph (4), an employment tribunal must not consider a complaint under regulation 4 unless it is presented to the tribunal before the end of the period of three months beginning with the date of the conduct to which the complaint relates.
(2) An employment tribunal may consider a complaint under regulation 4 that is otherwise out of time if, in all the circumstances of the case, it considers it just and equitable to do so.
(3) In the cases specified in paragraphs (a) to (e), the date of the conduct to which a complaint under regulation 4 relates is—
(a)in the case of a decision by an NHS employer not to employ or appoint an applicant, the date that decision was communicated to the applicant;
(b)in the case of a deliberate omission—
(i)to entertain and process an applicant’s application or enquiry, or
(ii)to offer a contract of employment, a contract to do work personally, or an appointment to an office or post,
the end of the period within which it was reasonable to expect the NHS employer to act;
(c)in the case of conduct which causes an applicant to withdraw or no longer pursue an application or enquiry, the date of that conduct;
(d)in a case where the NHS employer withdrew an offer, the date when the offer was withdrawn;
(e)in any other case where the NHS employer made an offer which was not accepted, the date when the NHS employer made the offer.
(4) Where a complaint under regulation 4 relates to conduct extending over a period, the conduct is to be treated as done at the end of the period.