It is important that all employees are aware of the time limits for starting a claim at the Employment Tribunal. I regularly speak to clients who have claims to bring; but they are often unaware of the applicable time limits which puts the success of their claim at risk. Please read on for further information on these important time limits.
When Do I Have to Start an Employment Tribunal Claim?
For most claims you must start an Employment Tribunal claim within three months less one day of the last act complained of.
This time limit is often quite straight forward when looking at a dismissal or an unlawful deduction from wages. For example:
- If you are dismissed on 04 June 2023, you must start your Claim by 03 September 2023.
- If you have an unlawful deduction to your wages on 31 May 2023, you must start your claim by 30 August 2023.
Where matters can get a little tricky is when we are looking at acts of discrimination, victimisation and health and safety detriments. Often these acts occur whilst an employee is still employed and occur over a period of time. In these circumstances you must start your claim within three months less one day of the last incident.
It can be difficult to correct identify when the last incident occurred, and therefore, I would always recommend that you take advice on when these dates occurred and when your time limit starts to run.
How do I start an Employment Tribunal Claim?
To start an Employment Tribunal Claim you must commence ACAS Early Conciliation. This is a free of service that you can conduct yourself. For more information, please see our blog: https://lincslaw.co.uk/blog/acas-early-conciliation-the-first-step-in-bringing-an-employment-tribunal-claim/
Do the Time Limits Still Apply If I Have Raised a Grievance or Appeal?
Raising a Grievance or an Appeal does not pause or suspend the time limit to start your claim. Whilst it is important to raise a Grievance and/or Appeal, you should always be aware of the deadline to start your claim. If you are approaching that deadline and your Grievance / Appeal is still outstanding, my advice would be to always commence ACAS Early Conciliation and safeguard your position.
I Have a Problem at Work – What Should I Do?
Don’t wait – take legal advice as soon as possible.
If you are experiencing any problems at work, please seek legal advice as soon as possible. Unfortunately, I often speak to clients who are no longer eligible to bring claims against their employer simply because they are out of time.
How Can Lincs Law Employment Solicitors Help You?
If you require help and assistance in respect of an employment problem, please call us on 01522 440512 for a free, initial telephone consultation. For more information on the services we offer, please visit our website https://lincslaw.co.uk/services/employees/
Specialist Employment Solicitor
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