Time limits

An unfair dismissal claim must be submitted within three months of the dismissal. This is the “effective date of termination” (EDT) (see page 19). Time limits are strictly enforced and a claim will only be accepted late if it was “not reasonably practicable” to submit it within the three month limit. Tribunals rarely agree to extend time.

As explained on page 72, from 6 May 2014, the first step in the claim is to submit a completed Early Conciliation Notification Form to Acas. Acas early conciliation has an important effect on time limits, explained on page 73.

It is important to keep a careful record of the date and time of sending the Form to Acas and not to leave this step to the last minute. The claim will be in time if it has been received by Acas within the three month time limit.

The correct way of calculating the three month period is to take the day immediately before the date of dismissal and then go forward three months. For example, if an employee is dismissed with immediate effect on 10 January, the last day for submitting the Early Conciliation Notification Form to Acas is 9 April — not 10 April.

Remember that an interim relief claim, for example, if you believe that your dismissal was trade union-related, must be brought within seven days. The Acas early conciliation rules do not apply to claims for interim relief (see page 60).