Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

Period within which proceedings to be brought N.I.

41.—(1) An industrial tribunal shall not consider a complaint under regulation 34 (jurisdiction of industrial tribunals) 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 43(6) (armed forces) applies, the period of six months so beginning.

[F1 (1A) Where the period within which a complaint must be presented in accordance with paragraph (1) is extended by regulation 15 of the Employment (Northern Ireland) Order 2003 (Dispute Resolution) Regulations (Northern Ireland) 2004, the period within which the complaint must be presented shall be the extended period rather than the period in paragraph (1).]

[F2 (1B) Regulation 41A (extension of time limit to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (1)(a).]

(2) A county court shall not consider a claim brought under regulation 37 (jurisdiction of county courts) 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 39 (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.

Textual Amendments

F1 Reg. 41(1A) inserted (3.4.2005) by Employment (Northern Ireland) Order 2003 (Dispute Resolution) Regulations (Northern Ireland) 2004 (S.R. 2004/521), regs. 1, 17(g)(ii) (with reg. 18)

F2 Reg. 41(1B) inserted (27.1.2020) by The Industrial Tribunals (1996 Order) (Application of Conciliation Provisions) Order (Northern Ireland) 2020 (S.R. 2020/4), art. 1, Sch. para. 26

Commencement Information

I1 Reg. 41 in operation at 2.12.2003, see reg. 1