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. The tribunal’s approach to time limits is extremely strict and time limits should be approached as if “set in stone”.

The correct way of calculating the three-month period is to take the day of the month immediately before the date of the incident that triggers 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 presenting the claim is 9 April, not 10 April.

Tribunal time limits are affected by the new rules requiring all claims to be submitted first to Acas for early conciliation. This is explained on page 28.

Union reps should be aware that the time limit for an application for interim relief is only seven days (see Chapter 5: Victimisation, page 138).

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

In particular, 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 301). 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). In both cases extensions of time are rare.

Faxed and emailed claim forms are no longer allowed. It is still possible in theory to issue a claim by delivering it by hand, but only to a very narrow list of tribunal offices and only during specified hours of opening.

The failure of electronic equipment is not considered a valid excuse for missing the deadline. An online application generates an automated email response confirming that the claim has been received, but note that this is sent to the claimant, not the union rep or adviser.