What Are the Standard Employment Tribunal Claim Deadlines?

Missing an employment tribunal claim deadline by even one day can bar you from justice forever.

In UK employment law under the Employment Rights Act 1996, the standard deadline for claims like unfair dismissal, redundancy pay disputes, or discrimination is three months from the Effective Date of Termination (EDT) or the date of the act complained of. This period excludes time during ACAS Early Conciliation.

For example, if dismissed on 1 June, your claim must generally be presented by the last working day before 1 September. Tribunals strictly enforce these time limits tribunal rules to ensure prompt resolution.

Understanding the Effective Date of Termination (EDT)

The EDT determines when your three-month clock starts, varying by how your employment ends.

The EDT is defined in section 97 of the Employment Rights Act 1996. If terminated by notice, it is the date the notice expires. For summary dismissal without notice, it is the termination date.

Special rules apply: if your employer gives less notice than statutorily required (e.g., one week for over two years’ service), the EDT extends to the end of the full statutory notice period. This protects basic award calculations too.

Real-world example: Dismissed without notice on 1 June after two years’ service? Your EDT is 29 June (end of four-week notice). Claims due three months from then.

How ACAS Early Conciliation Affects Deadlines

Contacting ACAS pauses your employment tribunal claim deadlines during Early Conciliation.

You must contact ACAS before filing most tribunal claims. The period from the day after contacting ACAS (Day A) to receiving the certificate (Day B) does not count towards your three months, per section 207B Employment Rights Act 1996.

This ‘stop-the-clock’ only pauses running limits; it doesn’t extend expired ones. If your deadline is 1 September but conciliation runs 1 July to 15 August, your new deadline adjusts accordingly.

Example: EDT 1 June, deadline 31 August (ignoring weekends). Conciliation 15 July-10 August (27 days paused) pushes deadline to 27 September.

1. Contact ACAS promptly near your deadline.
2. Time stops from next day until certificate receipt.
3. Recalculate deadline by adding paused days to original end.

How to Calculate ‘Three Months Minus One Day’

Tribunal claims must be presented before the three-month period ends, making the practical deadline three months minus one day.

The law states claims must be ‘presented before the end of three months’. Courts interpret this as the last day before the three-month anniversary, excluding non-working days for presentation.

For instance, EDT 1 January: three months ends 1 April, so file by 31 March. Use calendars carefully, accounting for leap years or month lengths.

This ‘three months minus one day’ phrasing highlights the urgency; tribunals calculate precisely from EDT.

• Count calendar months, not 90 days.
• Exclude ACAS time first.
• File online or in person before close of business on deadline day.

Submitting Late Claims: Reasons and Tribunal Discretion

Late claims may proceed if not ‘reasonably practicable’ to file on time or, for some, if ‘just and equitable’.

For unfair dismissal, tribunals extend if it was not reasonably practicable to meet the deadline, considering diligence and circumstances like illness or bad advice.

Discrimination claims (Equality Act 2010) use ‘just and equitable’ test, broader: length of delay, claim strength, employer prejudice, and reasons like late diagnosis.

Late claim reasons succeed with evidence, e.g., hospitalisation or employer misleading on deadlines. Tribunals weigh all factors.

1. Explain delay clearly in claim form.
2. Provide evidence (medical notes, correspondence).
3. Argue why extension serves justice.

Common Deadline Pitfalls and How to Avoid Them

Avoid mistakes like ignoring notice extensions or miscalculating post-ACAS.

Pitfalls include forgetting EDT extensions for short notice, assuming 90 days equals three months, or filing after certificate without recalculating.

Workers often delay ACAS contact, wasting time. Solution: Contact ACAS early, use deadline calculators on GOV.UK.

Track everything: save emails, note dates. If near deadline, file protectively while conciling.

• Misjudging EDT for PILON or garden leave.
• Overlooking series acts in discrimination (clock starts last).
• Weekend/public holiday presentation rules.

Wrapping Up: Act Fast on Your Tribunal Deadlines

Employment tribunal claim deadlines demand immediate action: start from EDT, factor ACAS pauses, calculate precisely as three months minus one day. Missing them risks total claim rejection.

Armed with this knowledge, UK workers can navigate time limits tribunal effectively. Consult ACAS promptly and gather evidence.

Protect your rights—delays cost claims, but preparation wins cases.