Section 68: Period within which proceedings to be brought.

Race Relations Act 1976 · 1976 c.74

This provision is repealed
It is retained for historical reference and may not reflect the law currently in force.

Part VIII: Enforcement

REPEALED on 2010-10-01 by Equality Act 2010.

The text below is from the dated revised snapshot immediately preceding this status change. It is historical and is not current law. View the historical source.

68(1)

An employment tribunal shall not consider a complaint under section 54 unless it is presented to the tribunal before the end of —

(a) the period of three months beginning when the act complained of was done; or

(b) in a case to which section 75(8) applies, the period of six months so beginning.

68(2)

Subject to subsection (2A) a county court or a sheriff court shall not consider a claim under section 57 unless proceedings in respect of the claim are instituted before the end of—

(a) the period of six months beginning when the act complained of was done; . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

68(2A)

In relation to an immigration claim within the meaning of section 57A, the period of six months mentioned in subsection (2)(a) begins on the expiry of the period during which, by virtue of section 57A(1)(a), no proceedings may be brought under section 57(1) in respect of the claim.

68(3)

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68(3A)

Where in England and Wales—

(a) proceedings or prospective proceedings by way of a claim under section 57 relate to the act or omission of a qualifying institution,

(b) the dispute concerned is referred as a complaint under the student complaints scheme before the end of the period of six months mentioned in subsection (2), and

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the period allowed by subsection (2) for instituting proceedings in respect of the claim shall be extended by three months.

68(3B)

In subsection (3A)—

68(3C)

The period allowed by subsection (2)(a) shall be extended by three months in the case of a dispute which is referred for conciliation in pursuance of arrangements under section 27 of the Equality Act 2006 (unless it is extended under subsection (3A)).

68(4)

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68(5)

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68(6)

A court or tribunal may nevertheless consider any such complaint or claim which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.

68(7)

For the purposes of this section—

(a) when the inclusion of any term in a contract renders the making of the contract an unlawful act, that act shall be treated as extending throughout the duration of the contract; and

(b) any act extending over a period shall be treated as done at the end of that period; and

(c) a deliberate omission shall be treated as done when the person in question decided upon it;

and in the absence of evidence establishing the contrary a person shall be taken for the purposes of this section to decide upon an omission when he does an act inconsistent with doing the omitted act or, if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the omitted act if it was to be done.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.