Time limits

The time limit for bringing a claim in an employment tribunal is almost always just three months from the date of the act or omission giving rise to the claim, with just a handful of exceptions including equal pay claims and a claim for a statutory redundancy payment.

This can only be extended in specific circumstances. For example, the time limit in a claim for unfair dismissal can only be extended according to section 111 of the Employment Rights Act 1996 if the tribunal “is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months”. Circumstances in which tribunals have found it not reasonably practicable to present an unfair dismissal claim in time are uncommon, which means that employees are usually prevented from pursuing a claim if they submit it after the three-month limit.

While the Employment Rights Bill did not include any changes to tribunal time limits, an amendment to the bill at the committee stage proposes to extend the time limit for claims in the employment tribunal from three to six months.