Counting time

If the legislation gives the time limit as “from” or “after” a particular date, that date is not included when calculating the time limit. So if a claimant leaves her employment on 20 June and wants to issue an equal pay claim, she must issue it by 20 December, because time runs from the termination of employment.

However, most claims have to be issued “before the end of three months” after a specific date and in these cases, the relevant date is counted. So if an employee is dismissed with effect from 20 June, s/he must issue a claim by 19 September. A month refers to a calendar month — so, if an unfair dismissal takes effect on 30 November, the claim must be issued by 28 February (or 29 February in a leap year).

Time limits that are calculated from the end of employment start to run from the effective date of termination (EDT). In a summary dismissal, this will be the date when the employee is told s/he is dismissed. For a dismissal with notice, it is the date when the notice ends. But if an employee is paid in lieu of notice, the EDT may be brought forward to the last day that s/he worked. In most cases, the EDT will be confirmed in writing but if there is any doubt, it is safest to calculate the time limit from the earliest date. In general, it is advisable never to delay taking action until the last minute.