Time limits, or limitation periods, are something which most people instinctively feel should be straightforward.
That’s not always the case and time limits in the Tribunal can be very strict, so Claimants should always be aware of them and Respondents should always check them.
In this article, Employment Solicitor Chris Dobbs answers some common questions from Claimants and Respondents on time limits for tribunal claims…
What is the time limit for tribunal claims?
Almost all claims must be submitted to the Tribunal within three months of the event complained about.
That means the deadline is three months less one day from the day of dismissal or discriminatory act, for example.
Therefore, if the claim is for race discrimination for an event which happens on 1st February, the deadline for the claim to reach the Tribunal is 30 April.
What is the time limit for bringing an equal pay claim to the employment tribunal?
Some claims are within six months: these are redundancy payments and equal pay claims.
When should a tribunal claim should be submitted?
In practice, it will ideally be the working day before this date and preferably the week before to be on the safe side.
Should I contact Acas before an employment tribunal claim?
Acas, the Advisory, Conciliation and Arbitration Service, must be at least notified of all potential claims before they are issued.
What is the purpose of early conciliation?
Acas has the power to act as an intermediary and can assist in resolving some disputes without them having to go to Tribunal. This process is known as Early Conciliation.
Acas should be contacted before the end of the time limit otherwise, inevitably, the claim itself would also be out of time because this would have to be submitted only after the Acas notification.
How long is Acas early conciliation period?
The Early Conciliation process, and attempts to resolve the dispute, can continue for up to six weeks.
Does early conciliation stop the clock?
Yes, during these six weeks, the countdown of the three-month period is paused and resumes again from the date that Acas issue the Early Conciliation certificate if attempts to resolve the dispute fail.
The Tribunal Rules provide at least a month from the date the certificate is issued to submit the claim, even if that were to be beyond the original three months.
Acas themselves will give only limited guidance on time limits because the rules can be complicated depending on when the individual contacts them, how long the period lasts for, and when the period ends relative to the original deadline.
Can a tribunal extend time limits for claims?
The Tribunal is always under a duty to consider time limits even if they aren’t raised by the parties.
It is possible to get to the last day of a hearing, someone to notice an issue with time in the claim, and for it to be struck out.
It is therefore always wort checking this point early on and, for the claimant, trying to remedy it if possible.
Do the tribunal accept late claims?
The Tribunal does have the power to allow late submitted claims to proceed in some situations and it depends hugely on the type of claim:
For unfair dismissal claims
The judge may agree to extend time if it was not “reasonably practicable” for the Claimant to submit it on time.
This can be very limited and there are cases of claims being received mere seconds after midnight on the last day which were rejected.
For discrimination claims
The Judge will have to decide whether it is “just and equitable” to allow the claim to proceed. This is ultimately a balancing act of the detriment to the employer in allowing a late claim against the potential loss to the Claimant of missing their opportunity.
It is a lower threshold but by no means easy to achieve.
Can old allegations be included in a tribunal claim?
The final way in which old allegations might still be included in a claim is where the form part of an ongoing course of conduct.
This is most common in discrimination claims and often refers to historical and continuous acts of discrimination.
Therefore, the last event which convinced the Claimant it was time to issue a claim will be in time, but they can also rely on events from more than three months ago where they’re clearly connected.
There’s no clear cap on exactly how far back this could go but in cases of, for example, race discrimination or sexual harassment, it is not unusual for events weeks or months prior to the claimed act being included.
How can you justify a late tribunal claim?
There are multiple common justifications for late claims, which we’ve detailed below…
Waiting for the outcome of a grievance.
As sensible as it might sound to do this, waiting on an internal process is rarely accepted by the Tribunal as a reason for missing a deadline. A potential Claimant should generally not risk missing the deadline just to raise a grievance or wait for its outcome.
Related: How to handle Workplace Grievances in 2023
Not being aware of the deadlines.
Again, this is a difficult one when most of us have an internet-connected device all day every day.
Articles such as this one also don’t help Claimants trying to rely on this excuse because there is a lot of readily available, free information from the tribunal service, government websites, Acas, CAB and law firm websites providing this very information.
Being too ill or physically/mentally incapacitated
Actually being unconscious for most of the relevant time, to use an extreme example, would be one of those situations where it is probably safe to say that it would not have been “reasonably practicable” for a Claimant to submit their claim.
Other less extreme versions of physical or mental illness may also satisfy that test and will be helpful in arguing “just and equitable” extension of time in discrimination claims.
Legal advisor got it wrong
Lawyers do sometimes make mistakes and for employment lawyers getting the date of a claim submission wrong is one of the most embarrassing.
For unfair dismissal claims, this often doesn’t work for Claimants because the Tribunal would consider them to have a valid negligence claim against their lawyer which they should pursue instead.
It may, in some situations, be more successful in discrimination claims if the Tribunal can be persuaded to take the view that the Claimant should not miss their opportunity to hold an employer to account just because the lawyer got a date wrong.
A specialist employment solicitor’s view
Chris Dobbs, Employment Solicitor, says: “Time limits can be confusing and there are many ways they can change and be presented differently depending on the nature of the claim.”
Our advice for Claimants
Chris continues: “For Claimants, the rule is simply to get the claim in as on time as you possibly can.
Seek legal advice on time limits for your particular case before relying on online calculators and, especially where the claim is for unfair dismissal, do not miss the basic time limit (allowing for any extension due to Acas involvement).”
Our advice for Respondents
“For Respondents, time limits should be one of the first things checked on receiving the notification of the claim.
If it was submitted out of time, allowing for Acas extensions, an obvious starting point is to highlight this issue at the first preliminary hearing or even with the Claimant directly before this.
It can be a very easy way to reduce the number of allegations to be dealt with, or even to have the claim struck out entirely.”
Specialist employment solicitors
At Frettens, our bright team of Employment Solicitors are experienced in acting for both Claimants and Respondents in tribunal situations.
The team would be happy to help you in early conciliation, submitting claims, defending claims and represent you in Court.
Call us on 01202 499255, or fill out the form at the top of this page, for a free initial chat.
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