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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