Section 236B

An employment tribunal may not consider a complaint under section 236A unless it is presented— before the end of the period of six months beginning with the date of the act or failure to which the complaint relates or, where that act or failure is part of a series of similar acts or failures (or both), the last of them, or where the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period, within such further period as it considers reasonable. For the purposes of subsection (1)— where an act extends over a period, the reference to the date of the act is a reference to the last day of that period; a failure to act is to be treated as done when it was decided on. For the purposes of subsection (2), in the absence of evidence establishing the contrary, an employer is to be taken to decide on a failure to act— when the employer does an act inconsistent with doing the failed act, or if the employer has done no such inconsistent act, when the period expires within which the employer might reasonably have been expected to do the failed act if it was to be done. Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (1)(a).

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Source: legislation.gov.uk · retrieved 2026-09-04