Time limits

The application must be submitted within the time limits laid down for each piece of employment legislation. Time generally runs from the date of the act complained of (for example, the date of dismissal in an unfair dismissal claim). Although there are exceptions, the time limit for most employment claims is three months.

Please note that, where an individual’s employment was terminated without notice (i.e. taking immediate effect) on 10 January, the time limit for lodging a claim will be 9 April and not 10 April. Union reps should be aware that the time limit for an application for interim relief is only seven days (see Chapter 5: Victimisation, page 115).

If a claim is issued out of time, the tribunal normally has no jurisdiction to hear it and it will therefore almost certainly be dismissed. A tribunal does have discretion to extend these time limits in some circumstances, but these are very specific and the power is rarely exercised.

In unfair dismissal cases, the tribunal has a discretion to extend the time limit if it was not reasonably practicable for the claimant to present the claim in time (section 111(2), Employment Rights Act 1996).(See Chapter 10: Dismissal — Extending time to bring an unfair dismissal claim page 257). In discrimination cases, time can be extended if it is just and equitable to do so (section 123(1) (b) Equality Act 2010) (see Chapter 6: Discrimination — Bringing a discrimination claim, page 171). In both cases extensions of time are rare.

Try to avoid issuing a claim very close to the deadline. In particular, the failure of electronic equipment is not considered a valid excuse for missing the deadline. If you have not received an acknowledgement of your claim or if you submit it very close to the deadline, contact the tribunal office to make sure it has been received.