LRD guides and handbook January 2014

Case law at work - 10th edition

Chapter 1

Time limits

These changes have not affected time limits. Tribunal claims must be brought within specified time limits. In most cases the time limit is three months from the date of the act complained of, or the date of dismissal. However, a claimant should always check the relevant legislation, take advice, and never leave a claim until the last minute.

Section 111 of the Employment Rights Act 1996 says that an unfair dismissal claim must be brought within three months of the effective date of termination, or if it was not “reasonably practicable” to bring the claim in time, within “such further period as the tribunal considers reasonable.”

Section 123 of the Equality Act 2010 says that a claim for discrimination must be brought within three months starting with the date of the discriminatory act, or within “such other period as the employment tribunal thinks just and equitable.”