Repair pass 2: Correcting Employment Law Facts per Fact Checker

3 minute read

Key points

Three-month time limit; stop-the-clock during ACAS EC; EC certificate extension; not guaranteed extension without certificate; two-year service for redundancy pay; calculation factors including age and weekly pay; statutory caps.

Time limits and ACAS extensions under ERA 1996

Covers three-month time limit for bringing tribunal claims including ACAS Early Conciliation extensions and stop-the-clock rules.

Time limits for bringing a claim under ERA 1996 are generally three months from the date of the act or omission to which the claim relates. The clock stops during ACAS Early Conciliation. If a certificate of EC is issued, the time limit extends by the EC period plus one month; if no certificate is issued, the EC period extends the time limit by the EC period only.

Extensions beyond the original three months require a tribunal exercise of discretion for exceptional circumstances.

Three-month time limit starts from the act or omission; clock stops during ACAS Early Conciliation.
If ACAS EC certificate is issued, extend to EC period plus one month.
If no EC certificate, extend by the EC period only.
Extensions beyond three months require tribunal discretion for exceptional circumstances.

1. Identify the claim type and start date of the three-month period.
2. Determine the EC period.
3. If ACAS EC certificate is issued, extend to EC period plus one month.
4. If no certificate, extend by the EC period.
5. If time limit has expired, consider tribunal discretion for exceptional circumstances.

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Important time limits reminder

Always check ERA 1996 and ACAS guidance for current rules on time limits and Early Conciliation.

Redundancy pay and notice

Redundancy pay eligibility and calculation basics; two-year service threshold and age-based multipliers.

Redundancy pay is payable only to employees with at least two years’ service.

The basic award uses age-based weeks-per-year multipliers: 0.5 weeks per year for age 22 or under; 1 week per year for ages 22–41; 1.5 weeks per year for age 41 or older.

Weekly pay is capped and the calculation uses a maximum of 20 years’ service; not all workers qualify.

Eligibility requires at least two years’ service.
Calculation uses age-based multipliers: 0.5 weeks/year (age ≤ 22), 1 week/year (ages 22–41), 1.5 weeks/year (age ≥ 41).
Weekly pay is capped; maximum service used in calculation is 20 years.
Not all workers qualify.

1. Check qualifying service: at least two years.
2. Determine age and apply multipliers.
3. Multiply by years of service to obtain weeks’ pay.
4. Apply weekly pay cap and limit calculation to 20 years’ service.
5. Verify with ERA 1996 and follow-up ACAS guidance.

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Redundancy pay reminder

Redundancy pay depends on length of service, age, and weekly pay; there is a two-year service threshold.

For more on Discover essential steps in ACAS early conciliation before filing employment tribunal claims. Learn about certificates, time limits, and avoiding pitfalls for unfair dismissal and more., see here.

For more on Learn the ACAS code disciplinary grievance procedures to handle workplace disputes effectively. Essential for unfair dismissal claims and employment tribunals in England and Wales. Protect your worker rights UK with this comprehensive guide., see here.

For more on ACAS Early Conciliation is a mandatory first step for most UK employment tribunal claims like unfair dismissal. Learn what it is, when required, the process, and how it affects time limits., see here.