LRD guides and handbook October 2019

Whistleblowing - a guide to the law

Chapter 6

Time limits

[ch 6: pages 41-42]

Early legal advice is essential, especially since time limits in the employment tribunal are very short and whistleblowing law is extremely complicated.

Just seven days are available to bring a claim for interim relief.

A claim for whistleblowing detriment must be brought before the end of three months starting with the date of the act or deliberate failure to act. Where there is a series of similar acts or failures, time runs from the last of them (section 48(3), ERA 96).

A claim for unfair dismissal must be brought in three months, beginning with the dismissal date. For example, if you are dismissed on 10 January, the last day to bring a claim for unfair dismissal will be 9 April (not 10 April).

Unless interim relief is applied for, the claim begins by submitting an Acas Early Conciliation (EC) Form. Information on Acas EC is available from the Acas website (www.acas.org.uk/earlyconciliation). Acas EC is free and confidential. Acas EC does not apply to a claim for interim relief.