Part 9Enforcement

Chapter 4Equality of terms

I1129Time limits

1

This section applies to—

a

a complaint relating to a breach of an equality clause or rule;

b

an application for a declaration referred to in section 127(3) or (4).

2

Proceedings on the complaint or application may not be brought in an employment tribunal after the end of the qualifying period.

3

If the complaint or application relates to terms of work other than terms of service in the armed forces, the qualifying period is, in a case mentioned in the first column of the table, the period mentioned in the second column F1, subject to F3F2section 140B.

Case

Qualifying period

A standard case

The period of 6 months beginning with the last day of the employment or appointment.

A stable work case (but not if it is also a concealment or incapacity case (or both))

The period of 6 months beginning with the day on which the stable working relationship ended.

A concealment case (but not if it is also an incapacity case)

The period of 6 months beginning with the day on which the worker discovered (or could with reasonable diligence have discovered) the qualifying fact.

An incapacity case (but not if it is also a concealment case)

The period of 6 months beginning with the day on which the worker ceased to have the incapacity.

A case which is a concealment case and an incapacity case.

The period of 6 months beginning with the later of the days on which the period would begin if the case were merely a concealment or incapacity case.

4

If the complaint or application relates to terms of service in the armed forces, the qualifying period is, in a case mentioned in the first column of the table, the period mentioned in the second columnF4, subject to section 140B.

Case

Qualifying period

A standard case

The period of 9 months beginning with the last day of the period of service during which the complaint arose.

A concealment case (but not if it is also an incapacity case)

The period of 9 months beginning with the day on which the worker discovered (or could with reasonable diligence have discovered) the qualifying fact.

An incapacity case (but not if it is also a concealment case)

The period of 9 months beginning with the day on which the worker ceased to have the incapacity.

A case which is a concealment case and an incapacity case.

The period of 9 months beginning with the later of the days on which the period would begin if the case were merely a concealment or incapacity case.