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Equality Act 2010
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- UK Public General Acts
- 2010 c. 15
- Part 9
- Chapter 4
- Section 129
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This section has no associated Explanatory Notes
(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 [F2[F3section] 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 column[F4, 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. |
Textual Amendments
F1Words in s. 129(3) inserted (20.5.2011 with application as mentioned in regs. 3, 4 of the amending S.I.) by The Cross-Border Mediation (EU Directive) Regulations 2011 (S.I. 2011/1133), reg. 57
F2Words in s. 129(3) substituted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 2 para. 44(a); S.I. 2014/253, art. 3(g)
F3Word in s. 129(3) 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. 17(4) (with reg. 5) (as amended by S.I. 2020/1493, regs. 1(1), 4(5)(6)); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in s. 129(4) inserted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 2 para. 44(b); S.I. 2014/253, art. 3(g)
Commencement Information
I1S. 129 wholly in force; s. 129 not in force at Royal Assent see s. 216; s. 129 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(f) (with art. 15, and subject to transitional provision in art. 7)
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