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Time Limits in the Employment Tribunal

Posted On: [30/03/2022]

Time Limits in the Employment Tribunal

Time limits are strictly applied in the Employment Tribunal. For unfair dismissal and most other claims, the time limit for bringing your claim to the Employment Tribunal is 3 months less than one day. If you miss your time limit you will not be able to proceed with your claim.

Time limits are calculated from the date of the event, (e.g. the date of your dismissal add 3 months and subtract 1 day). During the 3 months period, you must apply for ACAS Early Conciliation (EC) if you intend to start Employment Tribunal proceedings. The time limit is frozen from when ACAS receives your application for EC to when you receive the EC certificate.

The time limit is then extended by adding the number of days between the day you apply for EC and the day you receive your EC Certificate to your primary limitation period. If you have not been dismissed, then there is no limitation period to extend. The 3 months is calculated by counting the date of the event you are complaining of like the first day of the 3-month period.

  • Time limit calculation includes all days, and not just working days.
  • If your Employer’s conduct extends over a period, the time limit runs from the date of the last act that you are complaining of.
  • Where you have more than one claim, calculate the time limit for every single act that you are complaining about.
  • Time limits are extended by the requirement for ACAS Early Conciliation.

Use the Employee Rescue Time Limits Calculator to make sure you get your limitation date right.