Equality Act 2010 s.129 – Time 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 [^F145, subject to [[^F146^,^F147 section^F147] 140B^F146^,^F145]] .

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 [^F148, subject to section 140B^F148] .

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.

Definitions used in section 129 3

breach of an equality clause or rule: (8)A reference to a breach of an equality clause or rule is a reference to a breach of a term modified by, or included by virtue of, an equality clause or rule.
Defined in s.212(8) · see it in the full Act
employment: “employment” and related expressions are (subject to subsection (11)) to be read with section 83;
Defined in s.212(1) · see it in the full Act
armed forces: “armed forces” means any of the naval, military or air forces of the Crown;
Defined in s.212(1) · see it in the full Act

Cases considering section 129 6

Brierley & Ors v ASDA Stores Ltd

[2019] EWCA Civ 8 · 17 January 2019

The court applied section 129(2) in explaining that an equal-pay claim may generally be brought in the Employment Tribunal within six months after employment ends, while no equivalent limitation period applies during continuing employment (see para [38]).

W Hesketh v Glasgow Caledonian University

[2022] EAT 33 · 30 November 2021

Before refusing the proposed equal pay amendment as time barred, the Tribunal had to consider whether the stable-work-case limitation rule under section 129 could apply on the parties' working history. The issue could require factual findings and affect the amendment decision. (see paras [24]-[25])

Bath Hill Court (Bournemouth) Management Company Ltd v Coletta

[2019] EWCA Civ 1707 · 17 October 2019Limits

Section 129(3) was mentioned as the successor provision corresponding to the Equal Pay Act time bar. The judgment used it only to illustrate the possibility of choosing an ordinary contractual route with different limitation consequences.

3 more judgments, and what each says about section 129, are in the case-law panel in the full Act.

Explanatory note

420.A person who wishes to bring a claim for breach of an equality clause or rule or to apply for a declaration about the effect of such a clause or rule must normally do so within six months of the end of the employment contract. In certain circumstances, this section gives a claimant more time to make a claim. This applies where the employer conceals certain information from the claimant or where the claimant has an incapacity (as defined in section 141). Members of the armed forces have an additional three months in which to bring a claim because they must first make a complaint under the service complaint procedures.

421.This section replaces similar provisions in previous legislation. Time limits provide certainty by requiring claims to be brought within specified periods and also take into account factors which may affect a claimant’s ability to assert his or her claim.

All the explanatory notes for the Act

Amendments and notes

5 notes from legislation.gov.uk

Amendments

F145Words 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
F146Words 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)
F147Word 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)
F148Words 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

I49S. 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)