SCHEDULES

SCHEDULE 3Enforcement and Procedure

Part IEmployment

Period within which proceedings must be brought

3

1

An industrial tribunal shall not consider a complaint under section 8 unless it is presented before the end of the period of three months beginning when the act complained of was done.

2

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

3

For the purposes of sub-paragraph (1)—

a

where an unlawful act of discrimination is attributable to a term in a contract, that act is to be treated as extending throughout the duration of the contract;

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.

4

In the absence of evidence establishing the contrary, a person shall be taken for the purposes of this paragraph to decide upon an omission—

a

when he does an act inconsistent with doing the omitted act; or

b

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.