8.   [F1 Subject to [F2 [F3 article] 8B], an employment tribunal] shall not entertain a complaint in respect of an employer’s contract claim unless—

(a) it is presented at a time when there is before the tribunal a complaint in respect of a contract claim of a particular employee which has not been settled or withdrawn;

(b) it arises out of a contract with that employee; and

(c) it is presented—

(i) within the period of six weeks beginning with the day, or if more than one the last of the days, on which the employer (or other person who is the respondent party to the employee’s contract claim) received from the tribunal a copy of an originating application in respect of a contract claim of that employee; or

(ii) where the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented within that period, within such further period as the tribunal considers reasonable.

Textual Amendments

F1 Words in art. 8 substituted (20.5.2011) by The Cross-Border Mediation (EU Directive) Regulations 2011 (S.I. 2011/1133), regs. 2, 65 (with regs. 3, 4)

F2 Words in art. 8 substituted (6.4.2014) by The Employment Tribunals Act 1996 (Application of Conciliation Provisions) Order 2014 (S.I. 2014/431), art. 1, Sch. para. 14

F3 Word in art. 8 substituted (31.12.2020) by The Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2019 (S.I. 2019/469), reg. 1(1), Sch. 1 para. 19(3) (with reg. 5) (as amended by S.I. 2020/1493, regs. 1(1), 4(5)(6)); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 Art. 8 in force at 12.7.1994, see art. 1(1)