LRD guides and handbook June 2014

Law at Work 2014

Chapter 6

Time limits

[ch 6: pages 201-202]

The time limit for all discrimination cases is three months from the date of the discriminatory act. If the individual is subject to continuing discrimination, the time limit runs from the end of that period of continuing discrimination. This is not a straightforward area of law and legal advice must be taken. From 6 May 2014, the first step in any claim is to contact Acas to initiate the early conciliation process. This step must be taken within the normal three- month time limit for bringing a claim. See Chapter 1 for more information on this important change to the law.

Take care with time limits. Remember that sending a written grievance to the employer makes no difference to the time limit in the employment tribunal. Time continues to run whether or not any grievance has been issued and whether or not any grievance procedure (including any appeal) has been exhausted.

Remember to allow enough time to pay the tribunal fee or apply for fee remission (see Chapter 1).

From 6 May 2014, no tribunal claim can be issued unless the claimant has first contacted Acas and initiated the new early conciliation process. This presents an additional opportunity to resolve the claim. See Chapter 1 for more information.

In some situations mediation may be worth exploring, especially where the member is still working. Acas has guidance on its website as to the sorts of dispute that may be suitable for mediation. Mediation does not stop the clock on your time limit for bringing the claim.