Employment Tribunal Time Limits: Complete Guide

Time limits for employment tribunal claims are strict and unforgiving. Missing a deadline usually means losing your right to bring a claim, regardless of its merits.

Why Time Limits Matter

Strict Enforcement

Tribunals apply time limits rigidly:

• Not guidelines - hard deadlines
• Miss the deadline, lose your claim
• Extensions are rare and difficult
• No excuse for ignorance
• Act quickly to preserve rights

Purpose of Limits

Time limits exist to:

• Encourage prompt resolution
• Ensure evidence is fresh
• Prevent stale claims
• Give employers certainty
• Promote efficiency

Key Principle

The clock starts ticking from the date of the act complained of, not from when you decide to claim.

Standard Time Limits

3 Months Less 1 Day

Most claims must be brought within 3 months less 1 day:

Unfair dismissal:

• From effective date of termination (EDT)
• EDT usually last day of employment
• Includes notice period if worked

Discrimination:

• From date of discriminatory act
• Or last act in continuing discrimination
• Individual acts have separate time limits

Unauthorised deductions from wages:

• From date of deduction
• Or last in series of deductions
• Each deduction starts new time limit

Breach of contract (tribunal):

• 3 months from termination of employment
• Can only claim after employment ended

Working time complaints:

• From refusal of rights
• Rest breaks, limits on working time
• Holiday entitlement issues

Whistleblowing detriment:

• From act or last act of detriment
• Or failure to act

6 Month Limits

Some claims have 6-month deadlines:

Redundancy pay:

• 6 months from relevant date
• Relevant date usually last day of employment

Equal pay:

• 6 months from end of employment
• Or end of stable employment relationship

Maternity/pregnancy discrimination:

• Standard 3 months less 1 day applies
• Not extended to 6 months

Calculating Time Limits

Start Date

The clock starts from:

For dismissal:

• Effective date of termination (EDT)
• Last day of employment
• Includes contractual notice if worked
• Without notice: day of dismissal

For discrimination:

• Date of discriminatory act
• One-off act: that specific date
• Continuing act: date it ended
• Omission: date should have acted

For wages:

• Date wages should have been paid
• Last in series: date of last deduction

End Date

3 months less 1 day means:

• Exactly 3 months minus one day
• Not 90 or 91 days
• Calendar months, not working days

Example calculations:

• Dismissed 1 January → deadline 31 March
• Dismissed 31 January → deadline 30 April
• Dismissed 30 August → deadline 29 November

Weekends and Bank Holidays

If deadline falls on:

• Weekend: claim must be filed by Friday
• Bank holiday: claim must be filed before
• No extension for non-working days

ACAS Early Conciliation Extension

Mandatory Notification

Before most claims you must:

• Contact ACAS for early conciliation
• Obtain early conciliation certificate
• Use certificate number when filing claim

How It Extends Time

Stage 1: Notify ACAS

• Must notify before original deadline
• Time limit stops running ("clock pauses")

Stage 2: Conciliation Period

• Up to 6 weeks maximum
• Clock remains paused throughout

Stage 3: Certificate Issued

• Time limit resumes running
• But you get at least 1 month from certificate

The Extension Rules

After receiving ACAS certificate:

• Get at least 1 calendar month to file claim
• Or remainder of original period (if longer)
• Whichever gives you more time

Example Calculation

Scenario:

• Dismissed: 1 February
• Original deadline: 31 April (3 months less 1 day)
• Contact ACAS: 20 April (11 days before deadline)
• Certificate issued: 25 May (5 weeks later)
• New deadline: 25 June (1 month from certificate)

Time gained:

• Original deadline: 31 April
• New deadline: 25 June
• Extra time: Nearly 2 months

Early vs Late Notification

Notify ACAS early (recommended):

• More time for settlement discussions
• Longer extension of deadline
• Less time pressure
• More room for negotiation

Notify ACAS late:

• Still extends deadline
• But shorter conciliation period
• Settlement less likely
• More pressure to file quickly

Multiple Claims

If bringing multiple types of claim:

• ACAS notification covers all
• Extension applies to all claims
• Use same certificate number
• Different limits still apply initially

When You Can Extend Time

Unfair Dismissal

Tribunal can extend if:

• Not "reasonably practicable" to present in time
• Claim presented within reasonable time after

Not reasonably practicable means:

• Physical impossibility
• Serious illness (with evidence)
• Misleading advice (rare)

High bar to meet:

• Ignorance of rights: not enough
• Waiting for internal process: not enough
• Difficulty getting advice: not enough
• Taking legal advice late: not enough

Discrimination Claims

Tribunal can extend if:

• "Just and equitable" to do so
• More flexible than unfair dismissal
• But still difficult to satisfy

Tribunal considers:

• Length of delay
• Reasons for delay
• Prejudice to both parties
• Balance of hardship
• Strength of claim
• Conduct of parties

Factors supporting extension:

• Short delay
• Good reason for delay
• No prejudice to employer
• Strong claim on merits
• Claimant's ill health
• Employer's conduct

Rarely succeeds beyond:

• A few weeks or months
• Rarely beyond 6 months
• Never beyond years

Unlawful Deductions

Tribunal can extend if:

• Not reasonably practicable to claim in time
• Same test as unfair dismissal
• Difficult to satisfy

Continuing Acts

What Is a Continuing Act?

Series of linked acts amounting to:

• Ongoing policy or practice
• State of affairs
• Not just repeated one-off acts

Discrimination Example

Continuing discrimination:

• Ongoing harassment
• Systemic discrimination
• Continuing policy or practice
• Time runs from last act

Not continuing:

• Series of unconnected acts
• One-off acts repeated
• Each has own time limit

Wages Example

Series of deductions:

• Regular pattern of underpayment
• Calculated in same way
• Time runs from last deduction

Not series:

• Isolated errors
• Different types of underpayment
• Each has own time limit

Special Situations

Constructive Dismissal

Time runs from:

• Date you resign
• Not date of employer's breach
• Don't delay resignation if claiming

Multiple Respondents

When claiming against:

• Multiple employers
• Associated employers
• Each needs separate time limit consideration

Replacement Claims

If claim rejected:

• New time limit doesn't start
• Must apply to reconsider
• Or appeal the rejection
• Can't simply resubmit

Settlement Negotiations

Time limits continue during:

• Without prejudice discussions
• Settlement negotiations
• Unless formal ACAS conciliation
• Don't let clock run out

Common Mistakes

Waiting Too Long

Don't assume you have time:

• 3 months passes quickly
• Need time to gather evidence
• Need time to take advice
• Need time to notify ACAS

Act quickly after:

• Dismissal
• Discriminatory act
• Wages withheld
• Any potential claim

Missing the ACAS Deadline

Must notify ACAS before original deadline:

• Not after
• Notifying ACAS late doesn't help
• Claim will be out of time

Confusing Time Limits

Different claims have different limits:

• Check each type of claim
• Shortest limit applies
• File all claims together
• Don't split claims

Relying on Internal Processes

Grievances and appeals don't extend time:

• Tribunal deadlines continue
• Internal process isn't an excuse
• Notify ACAS during internal process
• Don't wait for outcome

Getting Wrong Advice

Bad advice is rarely an excuse:

• Must be from solicitor
• Must be specific and clear
• Must be reasonable to rely on
• Very rarely accepted

Protecting Your Position

Act Immediately

As soon as issue arises:

• Note important dates
• Calculate deadlines
• Seek initial advice
• Don't wait and see

Notify ACAS Early

Best practice:

• Contact ACAS within first month
• Gives maximum extension
• Allows time for settlement
• Protects your position

Keep Evidence of Dates

Document:

• Date of dismissal
• Date of notification to ACAS
• Date of certificate
• Date of filing claim
• Any relevant correspondence

Get Advice Quickly

Don't wait:

• See solicitor immediately
• Many offer free initial consultation
• Citizens Advice can help
• Don't assume you have time

Practical Checklist

When Issue Arises

• Note date of event (dismissal, discrimination, etc.)
• Calculate original deadline (3 months less 1 day)
• Seek legal advice within first month
• Don't wait for internal processes to complete

Notifying ACAS

• Contact ACAS well before original deadline
• Preferably within first 1-2 months
• Complete early conciliation form fully
• Keep copy of notification
• Note date you contacted ACAS

After ACAS Certificate

• Calculate new deadline (1 month from certificate)
• Prepare ET1 claim form
• Gather all necessary documents
• Include ACAS certificate number
• File claim before new deadline

If Close to Deadline

• File claim even if not perfectly prepared
• Can amend later if needed
• Better to file than miss deadline
• Can still settle after filing

Common Time Limit Questions

Can I extend time if I was ill?

Possibly, but difficult:

• Need medical evidence
• Must be incapacitated
• Must claim promptly after recovery
• Not just stress or inconvenience

Does waiting for grievance outcome extend time?

No:

• Internal procedures don't affect tribunal deadlines
• Notify ACAS during grievance
• Can settle if grievance successful
• Don't wait for outcome

What if I only just discovered the discrimination?

Generally doesn't help:

• Time runs from act, not discovery
• Exception: deliberately concealed facts
• Very rare to succeed with this argument

Can I add claims later?

Sometimes:

• If arose from same facts
• If within time when first claimed
• Need tribunal permission to amend
• Don't rely on this - include all claims initially

What if employer gave me wrong information?

Rarely an excuse:

• Must be deliberate misrepresentation
• Must have relied on it
• Must show it caused delay
• Difficult to establish

When Time Has Expired

Options Are Limited

If deadline passed:

• File claim anyway (explain delay)
• Apply for extension
• Must show exception applies
• Prepare detailed explanation

Extension Application

Must show:

• Unfair dismissal: Not reasonably practicable to claim in time
• Discrimination: Just and equitable to extend
• Both are difficult tests
• Need evidence supporting extension

Evidence Needed

Provide:

• Explanation of delay
• Why couldn't claim in time
• What you did after event
• Why should extend time
• Medical evidence (if claiming illness)
• Timeline of events

Be Realistic

Extensions are rare:

• Tribunals enforce limits strictly
• Most applications fail
• Don't assume you'll get extension
• Prevent the problem - act quickly

Key Takeaways

Time Limits Are Strict

• Usually 3 months less 1 day
• Some claims have 6-month limits
• Extensions are rare and difficult
• Missing deadline usually fatal

ACAS Notification Is Crucial

• Must notify before original deadline
• Extends time significantly
• Do it early for maximum benefit
• Certificate required to file claim

Act Quickly

• Don't wait to see what happens
• Seek advice immediately
• Calculate deadlines accurately
• Protect your position early

When in Doubt

• Notify ACAS promptly
• File claim if deadline approaching
• Can always settle after filing
• Better safe than sorry

The single most important thing to remember: act quickly. More good claims are lost through delay than for any other reason. If you think you have a claim, contact ACAS immediately.