Time limits for Employment Tribunal claims

Circular No: Legal/11/24

 

TO ALL BRANCHES, REGIONAL COUNCILS, REGIONAL ORGANISERS & REGIONAL OFFICES

 

21 November 2024

 

Dear Colleague, 

 

TIME LIMITS FOR EMPLOYMENT TRIBUNAL CLAIMS 

 

The time limit to bring a claim in the Employment Tribunal is short and strictly adhered to. Generally, members who intend to bring a claim must notify ACAS of their claim by starting the Early Conciliation process within 3 months less 1 day from the act they wish to complain about. Acts which members may wish to bring a claim about include the following:

 

• Dismissal – 3 months less 1 day from the date on which the employment ends;
• Discrimination – 3 months less 1 day from the date of the discriminatory act; 
• Unauthorised deduction from wages – 3 months less 1 day from the date on which the affected wage is paid to the member;
• Detriment for trade union activities – 3 months less 1 day from the date of the act or omission which the member considers to be a detriment; and 
• Flexible working claims – 3 months less 1 day from the date of the decision (or appeal decision if applicable).

 

It is important to note that the deadline runs from the date of the act which the member wishes to complain about. Raising a grievance and / or an appeal about a particular matter does not generally extend the time limit to bring a claim. 

 

Members can start the Early Conciliation process online (https://www.acas.org.uk/notify) or by telephone (0300 123 1122). The Early Conciliation period typically lasts for 6 weeks, at the end of which ACAS will issue an Early Conciliation Certificate. Members generally have one calendar month from the date on which the Certificate is issued to submit their claim to the Employment Tribunal. 

 

Employment Tribunals may extend the time limit to bring a claim in very limited circumstances. Please do not rely on the possibility of extending time as it is risky to do so, instead ALWAYS RELY UPON THE THREE MONTHS LESS ONE DAY RULE.

 

Members should be advised to submit an L2 application for legal assistance to their Regional Office without delay and as soon as they become aware of an act which may give rise to a legal claim. 

 

Yours sincerely

 

Michael Lynch

General Secretary