Time limits

The application 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 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 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. This is explained on page 410.

The time limit for a request for interim relief is only seven days (see Chapter 5: Victimisation, page 127).

If a claim is issued out of time, the tribunal has no power to hear it and it will almost certainly be dismissed. The tribunal has discretion to extend the time limit in most claims, but extensions of time are rare (see Chapter 10: Dismissal — Extending time to bring an unfair dismissal claim, page 309) and Chapter 6: Discrimination at page 200).

No extension of time is possible in a claim for equal pay (see Chapter 6).

The failure of electronic equipment will never justify missing the deadline.