Time limits for employment tribunal claims

This is one of the most important questions in employment law because missing the time limit can be fatal to your claim.

The general time limit:

For most employment tribunal claims, the time limit is three months less one day from the date of the act complained of. For example, if you were dismissed on 15 June, the primary time limit would expire on 14 September.

Starting ACAS early conciliation:

You must notify ACAS before you can issue a tribunal claim for most types of complaint. This is a mandatory step under section 18A of the Employment Tribunals Act 1996. The critical point is that contacting ACAS stops the clock on your time limit. The time spent in early conciliation (up to one calendar month, extendable by a further 14 days) does not count against you. If the time limit would otherwise expire during early conciliation, it is extended so that you have at least one calendar month from the date you receive the early conciliation certificate to issue your claim.

This means as a practical matter you should contact ACAS as early as possible, and certainly before the three-month time limit expires.

Common time limits by claim type:

1. Unfair dismissal: three months less one day from the effective date of termination.
2. Discrimination: three months less one day from the act complained of, or from the end of a continuing act.
3. Unlawful deduction from wages: three months less one day from the date of the deduction, or the last in a series of deductions.
4. Redundancy payment: six months from the relevant date, with a discretionary extension to 12 months.
5. Equal pay: six months from the end of the employment, though this area has some complexity.

What counts as the date of the act complained of:

This depends on the type of claim. For dismissal claims it is the effective date of termination, which may be the last day of your notice period, the date on which summary dismissal takes effect, or the date your contract actually ends. For discrimination, a continuing course of conduct runs from the last act in the series, and there is important case law on what constitutes a continuing act as opposed to a one-off act with continuing consequences.

Late claims:

The tribunal has a discretion to extend the time limit, but the test differs depending on the type of claim. For unfair dismissal and most statutory employment rights claims the test is whether it was not reasonably practicable for the claim to be presented in time, and if not, whether it was presented within a further reasonable period. This is a strict test and is difficult to satisfy. For discrimination claims the test is whether it would be just and equitable to extend time, which gives the tribunal a broader discretion, but there is no guarantee it will be exercised in your favour.

Practical points:

1. Count the dates carefully and do not leave it until the last day. A one-day miscalculation can mean your claim is out of time.
2. Contact ACAS as soon as you identify that you may have a claim, even if you are still exploring options or negotiating.
3. Keep a record of the date you notified ACAS and the date you receive the early conciliation certificate, because these dates determine how your time limit is calculated.
4. If you are close to the deadline and cannot contact ACAS in time for any reason, seek urgent help because the consequences of being out of time are severe.
5. Do not assume that an ongoing grievance or internal appeal process pauses or extends the time limit. It does not.

If you can tell me the specific type of claim you are considering and the relevant dates, I can help you work out your actual deadline more precisely.