Unfair and constructive dismissal claims
The usual time limit for issuing a tribunal claim for unfair dismissal or constructive dismissal is 3 months less one day from the termination of your employment (usually this the last day you were paid), or other event giving rise to your claim (for example, the last act of discrimination).
ACAS- the preliminary, and necessary first step
Before being able to issue a tribunal claim, it is a pre-requisite that the claim is registered with ACAS under their mandatory early conciliation scheme within the above time period (3 months less one day from the termination of your employment or other event giving rise to your claim).
This will then ‘stop the clock’ on the usual Tribunal time limit until the day that you receive a certificate from ACAS confirming that Conciliation has been completed. The clock starts running again once the Early Conciliation Certificate has been received, but the time you then have to issue a claim will then be limited. Specific advice will need to be taken on the exact time limit that applies to you once the Early Conciliation Certificate has been received, because this will vary depending on when the claim was registered with ACAS and the termination date of your employment.
If your claims has not been registered with ACAS within the period of 3 months less one day from the date of termination of your employment, the clock will not be stopped and you will remain out of time to bring your claim.
It may be wrong tactically to lodge the claim with ACAS without taking more strategic steps first to settle your case. It is for this reason that we suggest you speak to us first. Also, remember that ACAS are not legal advisers and they will not protect your position in the same was a professional who is acting on your behalf.
Remember, you need 23 months and 3 weeks of continuous employment with the same employer (without already having been served notice) before you can claim unfair or constructive dismissal, unless one of the few exceptions applies.
Breach of contract claims
In the employment tribunal, an employee has 3 months from the effective date of termination or the last day on which the employee worked to bring a claim for breach of contract. In the civil courts the time limit will be 6 years from the cause of action accruing. There is no qualifying period for bringing this claim.
Before being able to issue a tribunal claim, however, it is a pre-requisite that the claim is registered with ACAS under their mandatory early conciliation scheme within the above time period (see “ACAS, the preliminary and first step” above).
The right to a written statement of particulars of employment
You have the right to receive a written statement of employment particulars within 2 months of commencing employment. The time limit for bringing the claim to the employment tribunal is 3 months from the date on which employment ceased. You need to have worked for at least one month before bringing a claim.
Discrimination
Under the Equality Act, you have the right not to be discriminated against for reasons relating to age, gender reassignment, disability, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sex or sexual orientation. This includes treatment that is less favourable, indirect discrimination, harassment and victimisation.
For discrimination claims, you are required to submit your claim within 3 months (less one day) of the date of the last act complained of. In some cases discrimination will be an ongoing act and in these circumstances, the time for bringing proceedings will continue to run.
Before being able to issue a tribunal claim, however, it is a pre-requisite that the claim is registered with ACAS under their early conciliation scheme within the above time period (see ” ACAS, the preliminary and first step ” above).
There is no 2 year qualifying period for discrimination claims.
Whistleblowing
If you are subjected to detriment or a dismissal as a result of making a protected disclosure (known as whistleblowing), you will have a time limit of 3 months from the date of the act complained of to bring a claim in the employment tribunal.
There is no necessary qualifying period for bringing this claim.
Before being able to issue a tribunal claim, however, it is a pre-requisite that the claim is registered with ACAS under their early conciliation scheme within the above time period (see “ACAS, the preliminary and first step” above).
Health & Safety
If you are dismissed as a result of complaining about or refusing to work in an unsafe environment, you may have a claim for unfair dismissal.
There is no necessary qualifying period for bringing this claim.
ACAS Early Conciliation time limits
Notwithstanding the time limit of 3 months less one day to issue a tribunal claim, ACAS must be notified that you plan on issuing a claim to the employment tribunal. ACAS Early Conciliation lasts for a period of up to one month (but can be extended by up to 14 if there is a reasonable prospect of settling). Once ACAS have been notified, the time limit for bringing a claim will be frozen.
For more information about the ACAS Early Conciliation Service, please click here.
Families and Pregnancy
Right to unpaid parental leave
An employee has 3 months from the date when an employer refused a request for time off to bring a claim at the employment tribunal. There is no necessary qualifying period for bringing this claim.
Right not to suffer detriment in relation to pregnancy, childbirth, maternity/paternity/adoption leave and parental leave
In the employment tribunal, the time limit is 3 months starting from the date of the last act or failure to act. There is no qualifying period for bringing a claim.
Right to paid time off for antenatal care
An employee has 3 months starting from the date of the appointment. There is no necessary qualifying period for bringing this claim.
Right to unpaid time off to care for dependents
An employee has 3 months from the date when an employer refused a request for time off to bring a claim at the employment tribunal. There is no necessary qualifying period for bringing this claim.
Redundancy claims
Where an employer has failed to consult with the appropriate representatives over proposed collective redundancies, the time limit will be 3 months from the date on which the dismissal takes place or prior to that dismissal.
Redundancy Pay
If an employer fails to pay either statutory or contractual redundancy pay or if the employee disagrees with the amount, the employee has 6 months to bring a claim for payment to an employment tribunal.
You need 2 years of continuous employment as a qualifying period before you can claim this.
TUPE
Where there has been a failure to inform and consult with the appropriate representatives under a TUPE situation, and employee has 3 months to commence the process starting with the date of the completion of the transfer.
There is no necessary qualifying period for bringing this claim.
Unlawful Deductions
Where there has been an unlawful deduction from your wages (including holiday pay, bonus (see below), commission or pay due under statute), the employee has a time limit of 3 months from the date of the last deduction.
There is no necessary qualifying period for bringing this claim.
Bonus claims
You generally have 3 months less one day to commence the process in the employment tribunal for bonus claims, and this starts from the date that the bonus was due to be paid, or you were informed that it was not being paid. For bonus claims to be made in the tribunal as an unlawful deduction from wages (which is the quickest and cheapest way), the bonus has to be ascertained from your contract either by way of a guarantee or with reference to a specific formula. If it is purely discretionary in nature, you cannot make a claim for an unlawful deduction from wages, and it would need to be a breach of contract claim.
An employment tribunal can hear a breach of contract claim for anything up to £25, 000, otherwise you would need to make the claim in the County Court or the High Court. There is a 6 year time limit to bring a claim through the courts.
Equal Pay
The Equality Act gives an employee the right to equal pay for equal work. The time limit for bringing a claim under this right is 6 months after the termination of employment.
There is no necessary qualifying period for bringing this claim.
Statutory Sick Pay
After being on sick leave for four consecutive days, an employee has the right to receive SSP for up to 28 weeks. If an employee wishes to bring a claim under this right, they have 3 months from the date of the lack of payment.
There is no necessary qualifying period for bringing this claim.
Trade Unions
Right not to suffer a detriment as a result of Trade Union activities or membership
The employee has a time limit of 3 months to bring a claim, starting from the date of the last act or failure to act. There is no necessary qualifying period for bringing this claim.
Refusal of employment or dismissal on grounds related to union membership
The employee has a time limit of 3 months to bring a claim, starting from the date of the conduct complained of. There is no necessary qualifying period for bringing this claim.
Working Time Regulations
Under the WTR, an employee has the right to daily and weekly rest breaks, rest breaks during the day, paid annual leave and pay in lieu of holiday upon termination of employment.
If an employee wants to bring a claim under these regulations, they have a time limit of 3 months from the date when the right should have been permitted (or permitted to begin where extended over more than one day).
There is no necessary qualifying period for bringing such a claim.
Part time working
If an employee has been treated less favourably as a result of their part time or fixed term status, there is a time limit of 3 months from the date of the less favourable treatment (or where the act is part of a series, the last of them) to bring a claim in the employment tribunal.
There is no necessary qualifying period.
Before being able to issue a tribunal claim, however, it is a pre-requisite that the claim is registered with ACAS under their early conciliation scheme within the above time period (see “ACAS, the preliminary and first step” above).
Breach of the employer’s duties in respect of a request for flexible working
If an employee is treated less favourably as a result of their request for flexible working, there is a time limit of 3 months starting with the date of the last act or failure to act.
An employee will need 26 weeks’ service before applying for flexible working.