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The Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018

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Extension of complaint period to facilitate conciliation before institution of proceedings

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27.—(1) In working out when the complaint period expires, the period beginning with the day after Day A and ending with Day B is not to be counted.

(2) If the complaint period would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.

(3) In this regulation—

(a)“complaint period” has the meaning given in regulation 26(6);

(b)“Day A” is the day on which the seafarer concerned complies with the requirement in section 18A(1) of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought; and

(c)“Day B” is the day on which the seafarer concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under section 18A(11) of the Employment Tribunals Act 1996) the certificate issued under subsection (4) of that section.

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