Time limits

Time limits for making Employment Tribunal claims

Employment law is complicated. Different claims have different time limits on you taking action. Some claims require you to work somewhere for a certain time before you can claim. There are also exceptions.

The time limits below (each less one day) are for you to take steps to preserve your employment rights by either starting your claim or notifying Acas of a potential claim as part of the Early Conciliation process. Early Conciliation usually lasts for no more than one month. Once Acas have been notified, the time limit for bringing a claim will be frozen, and resumes once the process has been completed and a certificate issued by Acas. You will usually have at least a month from being issued with the certificate to submitting your claim.

Early Conciliation does not apply to all claims. You must have issued your claim within three months (less one day) for these.

In some cases an employee can bring a calim for ordinary unfair dismissal if they are dismissed a week short of acquiring two complete years’ service.

Contact us for free on 08000 614 631 in confidence and without obligation and we will explain your options.

In some exceptional cases, the Employment Tribunal may extend time where it was ‘not reasonably practicable’ to present the claim in time.

 

Claim Time Limit Qualifying Period
Termination of employment
Written reasons for dismissal 3 months from the end of your employment 2 years
Unfair dismissal 3 months from the end of your employment 2 years
Unfair dismissal for a reason connected with pregnancy, childbirth, maternity leave parental leave or dependant care leave 3 months from the end of your employment None
Unfair dismissal for a health and safety reason 3 months from the end of your employment None
Unfair dismissal for a reason connected with the Working Time Regulations 1998 3 months from the end of your employment None
Unfair dismissal for performing functions as an employee representative 3 months from the end of your employment None
Unfair dismissal related to making a protected disclosure 3 months from the end of your employment None
Unfair dismissal for asserting a statutory right 3 months from the end of your employment None
Unfair dismissal related to National Minimum Wage 3 months from the end of your employment None
Unfair dismissal for taking part in official industrial action 6 months from the end of your employment None
Unfair dismissal for membership of, participation in or refusal to join, a trade union 3 months from the end of your employment None
Unfair dismissal by reason of a business transfer 3 months from the end of your employment 2 years
Unfair dismissal related to status as a part-time worker 3 months from the end of your employment None
Unfair dismissal related to status as a fixed term employee 3 months from the end of your employment None
Unfair dismissal in relation to a request for flexible working 3 months from the end of your employment None
Wrongful dismissal (breach of contract) 3 months for an Employment Tribunal, 6 years fora County Court None
Families and pregnancy
Right to 26 weeks ordinary maternity leave (‘OML’) As applicable, depending on the circumstances None
Right to unpaid additional maternity leave (‘AML’) As applicable, depending on the circumstances 6 months
Right to be offered alternative work before maternity suspension 3 months starting with the first day of suspension None
Right to be paid during maternity suspension 3 months starting with the day in respect of which the claim is made None
Right not to suffer detriment in relation to pregnancy, childbirth, maternity, compulsory maternity leave, OML, AML, ordinary adoption leave additional adoption leave , paternity leave , Shared parental leave or time off for dependants 3 months starting with the date of the last act or failure to act None
Right to paid time off for antenatal care 3 months starting with date when refusal occurred None
Right to unpaid time off to care for dependants 3 months starting with date when refusal occurred None
Redundancy, transfers and insolvency
The right to a statutory redundancy payment 6 months 2 years
Consultation with appropriate representatives over proposed collective redundancies 3 months None
Failure to pay a protective award 3 months None
Consultation with appropriate representatives over a business transfer 3 months None
Failure to comply with a compensation order made for failure to inform and consult under TUPE 3 months None
Rights on insolvency of employer 3 months None
Discrimination and equal pay
Right not to be treated less favourably because of age, disability, gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sex or sexual orientation 3 months None
Right not to be treated unfavourably because of pregnancy or maternity 3 months None
Right not to be indirectly discriminated against in relation to age, disability, gender reassignment, marriage or civil partnership, race, religion or belief, sex or sexual orientation 3 months None
Right not to be treated unfavourably because of something arising in consequence of a disabled person’s disability 3 months None
Right not to be discriminated against by a failure to comply with a duty to make reasonable adjustments 3 months None
Right not to be harassed by unwanted conduct related to age, disability, gender reassignment, race, religion or belief, sex or sexual orientation, pregnancy or maternity 3 months None
Right not to be sexually harassed 3 months None
Right not to be treated less favourably for rejecting or submitting to sexual harassment or harassment related to gender reassignment or sex 3 months None
Right not to be victimised because of a protected act 3 months None
Right to a sex equality clause (equal pay for equal work) 6 months None
Right to a maternity equality clause 6 months None
Trade unions and collective issues
Right not to suffer detriment as a result of union membership or activities 3 months None
Unlawful exclusion or expulsion from a union 6 months None
Compensation after a finding of unlawful exclusion or expulsion from a union 6 months None
Right not to be unjustifiably disciplined by a trade union 3 months None
Unauthorised deduction of union subscriptions 3 months None
Refusal of employment on grounds related to union membership 3 months None
Time off work
Right to unpaid time off for public duties 3 months None
Right to paid time off to look for work where notice of redundancy has been given 3 months 2 years
Right to paid time off for employee representatives 3 months None
Right to paid time off for union duties 3 months None
Right to unpaid time off for union activities 3 months None
Right not to suffer detriment in relation to taking time off to care for dependants 3 months None
Working Time Regulations 1998
Right to daily rest breaks 3 months None
Right to weekly rest breaks 3 months None
Right to rest breaks during a day 3 months None
Right to annual leave 3 months None
Right to pay in lieu of holiday on termination of employment 3 months None
Right to pay during annual leave 3 months None
Right not to suffer detriment in relation to working time 3 months None
Wages
Right to a guaranteed payment 3 months 1 month
Itemised pay statement 3 months None
Medical suspension pay 3 months 1 month
Unlawful deductions from wages 3 months None
Right not to suffer detriment in relation to the national minimum wage (‘NMW’) 3 months None
Failure to allow access to records relating to the NMW 3 months None
Contracts of employment
Written statement of particulars of employment 3 months 1 month
Breach of contract claim by employee 3 months foran Employment Tribunal, 6 years fora County Court None
Breach of contract claim by employer For an Employment Tribunal, 28 days from receipt of employee’s claim. For the County Court, 6 years from breach of contract None
Atypical working
Right not to be treated less favourably because of part-time working or status 3 months None
Right not to be treated less favourably because of fixed term status 3 months None
Right not to suffer detriment in relation to fixed term employment 3 months None
Breach of the employer’s duties in respect of an employee’s request for flexible working 3 months None
Right to basic working and employment conditions 3 months None
Right of access to collective facilities and amenities 3 months None
Right not to be subjected to any detriment for exercising rights as an agency worker 3 months None
Detriment
Right not to suffer detriment in relation to health and safety 3 months None
Right not to suffer detriment in relation to Sunday working 3 months None
Right not to suffer detriment in relation to performing functions as an employee representative 3 months None
Right not to suffer detriment in relation to a protected disclosure 3 months None
Right not to suffer detriment in relation to taking time off to care for dependants 3 months None
Right not to suffer a detriment for making a request for flexible working 3 months None
Right to be accompanied at a grievance or disciplinary hearing 3 months None

 

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