Tribunals: Time Limits for Bringing Employment Tribunal Claims

What are the Time Limits for Different Types of Employment Claims?

Discrimination at Work Claims

The Equality Act 2010 protects people from discrimination based on their protected characteristics. Such characteristics include sex, race and age, and the discrimination could be direct, indirect, in the form of harassment or present itself as victimisation.

Should an individual believe they’ve faced workplace discrimination, they must bring their claim within three months minus one day of the final act of discrimination. This could be an isolated incident or one at the end of a series of acts.

Unlike other employment tribunal claims, two years of continuous employment is not a prerequisite for being eligible to make a claim. However, the individual must undertake ACAS early conciliation before initiating legal proceedings.

Breach of Contract Claims

If an employee believes their employment contract has been breached, they have three months to bring an employment tribunal claim from either the effective termination date or the final day they worked.

Similar to discrimination claims, there isn’t a qualifying period to bring a claim. Despite this, ACAS early conciliation must still be undertaken before proceeding. Furthermore, this claim cannot be brought in the employment tribunal if the employment continues, and it’s limited to awards of a maximum of £25,000.

In circumstances where the individual has run out of time, they could pursue a claim in the civil courts. Here, they would be required to initiate legal proceedings within six years of the breach occurring.

Unfair Dismissal Claims

Unfair dismissal happens when an employee is sacked without a fair reason or when an employer fails to follow a fair process. The time limits for bringing an unfair dismissal claim are the same as those for discrimination claims, that is, three months less one day.

In cases involving unfair dismissal, the deadline to bring such claims is calculated from the date of termination. As with the claims discussed previously, ACAS early conciliation must first be completed. However, individuals must also have two years of continuous service with their employer in order to be eligible to proceed with an ordinary unfair dismissal claim.

Personal Injury Claims

There are two primary ways to pursue a personal injury claim:

1. Personal Injury as Part of a Discrimination Claim – Discrimination can result in personal injury, particularly psychological harm. In such cases, individuals may seek compensation for these injuries within the scope of their employment tribunal discrimination claim. As part of this combined claim, they must initiate legal proceedings within three months minus one day from the date of the discriminatory act.
2. Personal Injury as a Claim by Itself – To pursue a personal injury claim independently, an individual must file through the civil courts. Typically, this must be done within three years of the injury or the date they could reasonably have been expected to become aware of it. However, there are some limited exceptions to this rule.

Equal Pay Claims

Another right established in the Equality Act 2010 is equal pay for equal work. As a result, men and women performing equivalent work must receive the same remuneration unless the difference can be lawfully justified.

If someone believes this right has been violated, they have six months minus one day from their final day of employment to bring a claim. Although specific time limits apply, there is no qualifying period of employment they must complete to be eligible.

Whistleblowing Claims

Whistleblowing occurs when an individual reports wrongdoing to their employer, a regulatory body, or another relevant organisation. If they suffer detriment or are dismissed due to their protected disclosure, they may be eligible to file a claim.

In such cases, the individual has up to three months from the date of the detriment or dismissal to initiate proceedings with an employment tribunal. Again, no qualifying employment period is required, but the individual must first complete the ACAS early conciliation process.

Redundancy Claims

If an employer fails to consult with the appropriate representatives before making collective redundancies, employees have three months from the date of dismissal to file a claim.

Employees who don’t receive their statutory or contractual redundancy pay entitlement or dispute the amount given have six months to initiate legal proceedings. To qualify for this claim, a minimum of two years of continuous employment is required.

ACAS Early Conciliation and Time Limits

Before making most employment tribunal claims, it’s mandatory to undertake ACAS early conciliation. The purpose of this is to encourage disputes to be resolved without the need for legal action.

When commencing early conciliation, the usual time limits for bringing specific claims are effectively paused. This process lasts up to 42 days or until the parties decide that conciliation is no longer an option they wish to explore. Once the process concludes, the time limit to initiate legal proceedings recommences.

The rules surrounding time limits and the impact of early conciliation can be complex. Because of this, it’s advisable to seek expert legal advice to ensure any claims are lodged within the appropriate time frames.

Why are Time Limits for Tribunal Claims so Important?

The deadlines for bringing employment tribunal claims are critical and shouldn’t be underestimated. These deadlines are strictly enforced, and missing them can result in losing the right to pursue a claim.

Time limits serve several essential purposes. First, they ensure that claims are brought promptly, which helps preserve evidence and contributes to a more accurate and fair outcome. Additionally, enforcing deadlines prevents claims from being made indefinitely, allowing employers to achieve closure after a dispute. This, in turn, encourages both parties to seek a swift resolution, enhancing the efficiency of the process.

Overall, understanding and adhering to these time frames is crucial to ensuring fair and timely dispute resolution.

Does the Employment Tribunal Enforce Time Limits?

As mentioned, the employment tribunal rigorously enforces time limits for filing claims. In most cases, if an individual misses a deadline, their claim will be dismissed. However, in exceptional circumstances, and depending on the type of claim, the tribunal may grant an extension if it’s determined that the facts of the case meet the relevant legal test.

That said, the threshold to obtain an extension is extremely high. Even serious illness is unlikely to be considered sufficient grounds for an extension. Therefore, individuals shouldn’t rely on the possibility of an extension based on personal circumstances. Acting promptly and considering seeking legal advice as early as possible is crucial to ensure compliance with the legal requirements.

What Happens if You’re Out of Time for a Tribunal Claim?

Individuals who fail to adhere to the time limits will likely see their employment tribunal claims thrown out. While an extension may be granted in exceptional circumstances, this is rare and shouldn’t be relied upon due to the tribunal’s strict interpretation of the relevant legal tests.

In some cases, certain claims, such as breach of contract, can be pursued in the civil courts even after the employment tribunal deadline has passed. For these claims, individuals have three months to initiate employment tribunal proceedings but up to six years to file in civil court. However, acting promptly and meeting the initial deadlines is always advisable to avoid the risk of a claim being rejected.

How we can Help You

If you’re concerned about meeting the strict time limits when filing employment tribunal claims, we’re here to guide you through the process. We can:

1. Determine the specific deadlines that apply to your situation, whether for discrimination, unfair dismissal, or any other employment issue.
2. Help you navigate the mandatory ACAS early conciliation process, ensuring your time limits are effectively managed during this period.
3. Provide legal advice to ensure your claim is filed within the required deadlines following ACAS early conciliation, reducing the risk of it being dismissed.
4. Explore alternative legal avenues if you’ve missed the employment tribunal deadline.
5. In exceptional cases, assist in applying for an extension, although this is rare and requires a strong justification.

Our goal is to help you act effectively so you don’t miss out on the opportunity to seek justice. If you have any questions about the time limits or want our help, get in touch now by:

• Phoning us at 020 3397 3603
• Filling in our online form for a quick chat