Time limits
[ch 14: pages 476-477]The Form ET1 must be submitted within the time limits laid down by the law for each type of claim. 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 a few exceptions, the time limit for most employment claims is three months (calculated as explained below). The tribunal’s approach to time limits is extremely strict and time limits must be approached as if set in stone.
The correct way to calculate the three-month period is to take the day of the month immediately before the date of the incident that triggered the claim, for example, the dismissal, and then go forward three months. For example, if an employee is dismissed with immediate effect on 10 January, the last date for launching the claim (by submitting the Acas EC Notification Form) is 9 April, not 10 April.
Tribunal time limits are affected by Acas EC. See page 473.
The time limit for a claim for interim relief is only seven days. Acas EC does not apply to this type of claim (see Chapter 5: Interim relief).
The tribunal has discretion to extend the time limit in most claims, but extensions of time are rare (see Chapter 10: Dismissal, page 365) and Chapter 6: Discrimination, page 274). No extension of time is possible in a claim for equal pay (see Chapter 7).
Electronic equipment failure never justifies missing the deadline.