Did you know there are time limits for issuing a claim in the Employment Tribunal? If you think you have a claim it is important to be aware of any deadlines. If you miss a deadline then you may lose the right to make a claim.
Introduction
There are many types of employment claim that may be brought in the Employment Tribunal, the majority (but not all) of which might be generally described as having a ‘3-month’ deadline, but it is important to ascertain for each particular type of claim when the time limit starts to run. Below are some of the most common claims and the time limits which apply to them. This is not exhaustive and it is recommended that you seek specialist employment advice on any claims you may have and the time limits that may apply.
Preliminary steps
Before you issue a claim in the Employment Tribunal most claims must first be registered with ACAS under their mandatory early conciliation scheme. This must be done within whatever time limit applies to the particular claim. When ACAS receives your early conciliation notification the time limit is extended so that early conciliation can take place. If both you and your employer wish to take part, ACAS will try to help you resolve your dispute. If ACAS concludes without any resolution it will issue you with a certificate confirming that early conciliation has been completed. Time starts to run again and you will have a limited time to issue your claim in the Employment Tribunal. It is recommended that you take specific advice about the time limit as it will depend on when your employment terminated or when the act took place about which you complain about and when you registered your claim with ACAS.
Particular claims
Unfair dismissal
The usual time limit for issuing unfair dismissal claims is 3 months less 1 day from the termination of your employment. The means your claim must be referred to ACAS within that time period.
Discrimination
These are claims of discrimination for reasons relating to age, gender reassignment, disability, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sex or sexual orientation. The usual time limit for discrimination claims is 3 months less 1 day from the date of the last act complained of. Your claim must be referred to ACAS within that time period.
Whistleblowing
If you are subjected to a detriment or dismissal as a result of making a protected disclosure (often referred to as whistleblowing) the usual time limit to bring a claim is 3 months from the date of the act complained. Again, ACAS early conciliation applies.
Redundancy
If you have been dismissed by reason of redundancy but that was unfair, for example if you were selected unfairly, or there was a failure to consult or consider alternatives to redundancy, you may have an unfair dismissal claim. The above time limits for unfair dismissal apply.
If however your claim is about redundancy pay, you will have 6 months to bring a claim.
Unlawful deduction from wages
If there has been an unlawful deduction from your wages, for example this might be holiday pay, bonus or a commission, you will have 3 months from the date of the last deduction to bring your claim. Again, the claim should be referred to ACAS in the first instance.
There are many other types of claim and it is important to check the limitation date if you think you might have a claim. For most types of claim, the Employment Tribunal has some discretion to extend the time limit in order to accept a claim after the original deadline has passed. However, the circumstances are limited and it is important that you seek specific advice as soon as possible, particularly if you think you may be out of time.
Can Lincs Law Employment Solicitors Help You?
If you have an employment law issue please contact one of our specialist employment law solicitors on 01522 440512 for a free, no obligation, telephone consultation. Alternatively, for more information about Employment Tribunal claims, visit our website at https://lincslaw.co.uk/services/employees/employment-tribunal-claims
Kathryn Bolton
Specialist Employment Law Solicitor
Lincs Law Employment Solicitors
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