What counts as a discrimination act for the time limit?

Discrimination time limits begin from the act itself or from the last act in a series; continuing acts can affect the deadline.

For discrimination claims, the general rule is that the three-month clock starts from the date of the discriminatory act. If the discrimination happens as part of a series of similar acts, the clock may run from the date of the last act in that series, rather than from the first incident, under Employment Rights Act rules.

A continuing act or ongoing harassment can influence when the clock ends. In many cases, the last act in that continuing pattern sets the deadline for bringing a claim to the Employment Tribunal. This approach helps reflect situations where harm builds up over time rather than in a single moment.

It is important to understand that the specific date used to start the clock is tied to the act or last act in a series, not simply when you first became aware of the discrimination.

• Three-month period is linked to the discriminatory act(s) under s111(2) ERA.
• If there is a series of acts, the last act generally starts the clock for the deadline.
• A continuing act may still produce a single deadline based on the final act in the pattern.

When does the 3-month clock start?

The 3-month clock usually starts from the date of the act or the last in a series of acts, and varies with continuing discrimination.

In most discrimination cases, the clock begins on the date of the first discriminatory act or, in a sequence, the date of the last act in that sequence. The Employment Rights Act 1996 sets the three-month limit, with some flexibility for complex situations.

When you become aware of the discrimination can affect practical timelines, but the formal date used for the clock is tied to the act date(s) rather than your awareness. If the discrimination is ongoing, the last act in the sequence typically triggers the deadline.

If the discrimination is ongoing but you did not realise until later, you still need to assess whether you had enough information to bring a claim within the three months from the final act.

• Date of the act or last act in a series usually starts the clock.
• Awareness alone does not typically reset the limit.
• Ongoing discrimination commonly ends with the last discriminatory act.

Continuing acts and series of discrimination

When acts occur over time or as a series, the deadline is tied to the final act, not each incident.

Continuing discrimination—such as ongoing harassment or a repeated pattern of disadvantage—can still be a single claim if treated as a continuing act. In such cases, the deadline is usually the date of the last act in the sequence.

The concept of a series of acts helps ensure that delayed awareness does not unfairly block a claim. The tribunal will consider whether the acts form a pattern rather than separate incidents.

This approach recognises that harm from discrimination can evolve over time, culminating in a last act that closes the time window.

• Continuing acts can be treated as a single claim.
• Last act in the series generally determines the deadline.
• Pattern evidence can support a continuing act argument.

Extending time and exceptional circumstances

The tribunal can extend the 3-month limit in exceptional circumstances; this discretion is designed to be fair.

The Employment Rights Act allows the Employment Tribunal to extend time in exceptional circumstances if it is just and equitable to do so. This is not guaranteed and depends on the facts of the case, including reasons for delay and how the acts occurred.

Common reasons tribunals consider include illness, difficulty obtaining paperwork, or delays in realising the seriousness of the discrimination. The key test is whether extending time would be fair given all the circumstances.

If a claimant seeks an extension, they should explain the reasons clearly and provide any supporting evidence to help the tribunal exercise its discretion.

• Extensions are case-specific and not guaranteed.
• Common justifications include health, complexity, or procedural delays.
• Provide evidence to support the request for extension.

1. Step 1: Identify why you missed the deadline.
2. Step 2: Gather supporting evidence (medical notes, correspondence).
3. Step 3: Apply to the tribunal for an extension before or as the deadline passes.

How to start your claim and the role of ACAS Early Conciliation

Starting your claim involves preparing your evidence and engaging with ACAS Early Conciliation as required, while noting the deadline and possible extensions.

Before you file with the Employment Tribunal, you should consider engaging in ACAS Early Conciliation. The time spent in EC can interact with the discrimination time limits, and you should avoid delays that push you past the deadline.

Prepare a timeline of incidents, dates, and any communications with your employer. This makes it easier to present a clear case to the tribunal.

When you are ready, you can submit your claim to the Employment Tribunal or apply for Early Conciliation with ACAS. Keep copies of correspondence, and ensure your complaint is within the three-month window or have a defensible extension.

• Prepare a clear timeline.
• Have evidence ready (emails, notes, witness statements).
• Submit to the ET within the deadline or request an extension if needed.

1. Step 1: Gather evidence of discrimination.
2. Step 2: Contact ACAS for early conciliation within the time limit.
3. Step 3: Lodge your ET claim within three months of the act or last act, or within an extended period if granted.