LRD guides and handbook November 2021

Disciplinary and grievance procedures - a guide for union reps

Chapter 6

Time Limits

[ch 6: page 80]

Lodging an internal appeal does not change the dismissal date or continue the employment unless there is a clear contractual term saying otherwise. Employees should not wait until the outcome of a disciplinary process or an appeal to submit an employment tribunal claim.

An unfair dismissal claim (along with the vast majority of other tribunal claims) must be submitted within three months (less one day) of the dismissal date, even if the appeal process has not yet been completed. Tribunal dates should be approached as if they are set in stone, because extensions of time are rare. For more information see LRD’s annual employment law guide Law at Work (https://www.lrdpublications.org.uk/lawatwork).

The first step in any tribunal claim is to submit an Acas Early Conciliation Form, available from the Acas website (https://ec.acas.org.uk).