Equality Act 2010, section 140B

Extension of time limits to facilitate conciliation before institution of proceedings

Part 9 Enforcement

(1)This section applies where a time limit is set by section 123(1)(a) or 129(3) or (4).

F178...

(2)In this section—

(a)Day A is the day on which the complainant or applicant concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and

(b)Day B is the day on which the complainant or applicant concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section.

(3)In working out when the time limit set by section 123(1)(a) or 129(3) or (4) expires the period beginning with the day after Day A and ending with Day B is not to be counted.

(4)If the time limit set by section 123(1)(a) or 129(3) or (4) would (if not extended by this subsection) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.

(5)The power conferred on the employment tribunal by subsection (1)(b) of section 123 to extend the time limit set by subsection (1)(a) of that section is exercisable in relation to that time limit as extended by this section.F177]

Definitions used in section 140B 1

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

Cases considering section 140B 10

Tracey Smith v The Restaurant Group (UK) Ltd

[2024] EAT 168 · 1 November 2024Interprets

The reference to the certificate in section 140B concerns the mandatory early-conciliation certificate. It does not exclude time spent obtaining a voluntary second certificate relating to the same matter. (see paras [8]; [10])

Dr Nicholas Jones v Secretary of State for Health and Social Care

[2024] EWCA Civ 1568 · 13 December 2024

The court notes that section 140B may extend time where ACAS early conciliation is undertaken in specified circumstances. It did not assist because conciliation began after the primary period had expired (see paras [9]-[10]; [25]).

City of London Police v Geldart

[2021] EWCA Civ 611 · 28 April 2021

The provision was relevant to calculating the primary limitation period for the late indirect-discrimination amendment. The issue was remitted without determination. (see para [84])

What each judgment says about section 140B is in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F177S.140B inserted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), Sch. 2 para. 45; S.I. 2014/253, art. 3(g)
  2. F178Words in s. 140B(1) omitted (31.12.2020) by virtue of The Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2019 (S.I. 2019/469), reg. 1(1), Sch. 1 para. 17(6) (with reg. 5 (as amended by S.I. 2020/1493, regs. 1(1), 4(5)(6))); 2020 c. 1, Sch. 5 para. 1(1)