Time limits

A claim for unfair dismissal must be issued in the tribunal within three months of the EDT.

The dismissal date counts as the first day of the three-month period for bringing an unfair dismissal claim. The correct way to calculate the three-month period is to take the day immediately before the dismissal date and to go forwards by three months. For example:

Ms De Souza was refused permission to continue with claims of unfair dismissal and discrimination because her ET1 claim form was filed one day late. She was dismissed on 21 May 2009 and she presented her claim form on 21 August 2009. Since de Souza was dismissed on 21 May, she should have brought the claim at the latest by 20 August.