The following table provides an outline guide to employment tribunal time limits, as applicable under key pieces of legislation.
Note that time limit extensions may in some cases be allowable under the relevant legislation, for example where the requirement for ACAS early conciliation applies or the tribunal considers an extension to be ‘just and equitable’. Take professional advice to confirm the time limit applicable to the specific circumstances.
Employment tribunal time limits
| LEGISLATION | TIME LIMIT |
| Employment Rights Act 1996 | |
| Written statement of terms of employment | 3 months beginning with date on which employment ceased |
| Itemised pay statement | 3 months beginning with date on which employment ceased |
| Unauthorised deductions from wages | 3 months beginning with date of payment of wages from which deduction was made or date when payment received by employer |
| Guarantee payments | 3 months beginning with date when payment was payable |
| Detriment relating to jury service, health and safety, Sunday working, working time, protected disclosure, duties of occupational pension trustee, functions of employee representative, leave for family or domestic reasons, flexible working, study or training, employee shareholder status, tax credits | 3 months beginning with date of act or failure |
| Time off for public duties | 3 months from date of employer’s failure to allow time off |
| Time off for employee to look for work, etc | 3 months beginning with date when time off should have been allowed |
| Time off for antenatal care | 3 months beginning with date of appointment |
| Time off for antenatal care (agency workers) | 3 months beginning with date of appointment |
| Time off to accompany to antenatal appointment | 3 months beginning with date of appointment |
| Time off to accompany to antenatal appointment (agency workers) | 3 months beginning with date of appointment |
| Time off for adoption appointments | 3 months beginning with date of appointment |
| Time off to attend adoption meetings (agency workers) | 3 months beginning with date of appointment |
| Time off for dependants | 3 months beginning with date when failure occurred |
| Time off for pension scheme trustees | 3 months beginning with date of employer’s failure to allow time off |
| Time off for employee representatives | 3 months beginning with date when time off should have been allowed or day taken off |
| Time off for young persons for study or training and right to remuneration | 3 months beginning with date when time off was taken or should have been allowed |
| Suspension from work on medical, or maternity, grounds | 3 months beginning with first day of suspension |
| Agency workers: right to remuneration where the supply of an agency worker to a hirer is ended on maternity grounds | 3 months beginning with the day on which the supply of the agency worker to a hirer was ended on maternity grounds |
| Agency workers: right to offer of being proposed for alternative work where the supply of an agency worker to a hirer is ended on maternity grounds and the temporary work agency has available suitable alternative work | 3 months beginning with the day on which the supply of the agency worker to a hirer was ended on maternity grounds |
| Parental leave | 3 months beginning with date of matters complained of |
| Flexible working | 3 months beginning with relevant date |
| Written statement of reasons for dismissal | 3 months beginning with effective date of termination of employment |
| Unfair dismissal | 3 months beginning with effective date of termination of employment |
| Interim relief | 7 days immediately following the effective date of termination of employment |
| Redundancy payment | 6 months beginning with relevant date |
| Insolvent employer: claims against Secretary of State (redundancy payment) | No time limit specified |
| Payments equivalent to redundancy payments to civil servants etc | No time limit specified |
| Insolvent employer: claims against Secretary of State (employer’s debts) | 3 months beginning with date of communication of Secretary of State’s decision |
| Equality Act 2010 | |
| Complaint relating to prohibited conduct (discrimination, victimisation, harassment) | 3 months starting with the date of the act to which the complaint relates |
| Complaint relating to breach of an equality clause or rule | 6 months beginning with the last day of the employment in a standard case (note that different dates apply in concealment, incapacity and stable work cases |
| Equality Act 2006 | |
| Claim by Equality and Human Rights Commission under s 25(3)(a) (enforcement of provisions relating to discriminatory advertisements, instructions and pressure to discriminate) | 6 months beginning with the date (or last date) on which the alleged unlawful act occurred |
| Appeal against unlawful act notice | 6 weeks beginning with the day on which the notice is given |
| National Minimum Wage Act 1998 | |
| Failure to allow access to records | 3 months following end of 14 days from receipt of production notice |
| Detriment relating to enforcement of rights etc | 3 months beginning with date of act or failure |
| Appeal against enforcement notice | 4 weeks following date of service of notice |
| Appeal against penalty notice | 4 weeks following date of service of notice |
| Flexible Working Regulations 2002 | |
| Failure or threat to fail to comply with right to be accompanied at meeting to discuss contract variation, or an appeal | 3 months beginning with date of failure or threat |
| Transfer of Undertakings (Protection of Employment) Regulations (TUPE) 2006 | |
| Failure to inform or consult in respect of transfer of undertaking | 3 months beginning with date of completion of transfer |
| Claim by employee for compensation where order made by tribunal under reg 15(7) or reg 15(8) | 3 months beginning with date of tribunal’s order |
| Failure to notify employee liability information | 3 months beginning with the date of the relevant transfer |
| Employment Relations Act 1999 | |
| Failure or threat to fail to comply with right to be accompanied at a disciplinary or grievance hearing | 3 months beginning with date of failure or threat |
| Part-time Workers Regulations 2000 | |
| Less favourable treatment and detriment relating to part-time workers | 3 months beginning with (last) date of less favourable treatment or detriment (or six months in case of claim by member of armed forces) |
| Fixed-term Employees Regulations 2002 | |
| Less favourable treatment and detriment relating to fixed-term employees | 3 months beginning with (last) date of less favourable treatment |
| Working Time Regulations 1998 | |
| Refusal to permit exercise of rights or failure to make payments in respect of annual leave | 3 months beginning with date when exercise of right should have been permitted or date when payment was payable (or 6 months in case of claim by member of armed forces) |
| Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 | |
| Refusal to permit the seafarer to exercise his right to annual and additional leave, or failure to pay any sums due in respect of leave | 3 months beginning with the date of failure |
| Merchant Shipping (Working Time: Inland Waterways) Regulations 2004 | |
| Refusal to permit exercise of right to adequate rest or annual leave or failure to make payments in respect of annual leave | 3 months beginning with date when exercise of right should have been permitted or date when payment was payable |
| Civil Aviation (Working Time) Regulations 2004 | |
| Claims relating to annual leave, health assessments and organising patterns of work | 3 months of date right should have been permitted or leave should have been permitted to begin |
| Information and Consultation of Employees Regulations 2004 | |
| Time off for information and consultation representatives etc | 3 months beginning with date when time off was taken or should have been permitted |
| Detriment relating to information and consultation representatives etc | 3 months beginning with date of act or failure |
| Safety Representatives and Safety Committees Regulations 1977 | |
| Right of safety representatives to time off and pay | 3 months of date of failure |
| Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A) | |
| Unjustifiable disciplining of trade union members | 3 months beginning with date of infringement |
| Claim for compensation where tribunal has made declaration of unjustifiable disciplining of trade union members | Not earlier than 4 weeks beginning with date of declaration nor later than 6 months beginning with that date |
| Unauthorised deduction of union subscriptions | 3 months beginning with date of deduction |
| Failure to comply with collective bargaining obligations regarding training | 3 months beginning with date of failure |
| Wrongful deduction of political fund contributions or refusal to deduct union dues | Three months beginning with date of payment of emoluments |
| Employer’s failure to comply with order under s 87(5) | Not earlier than four weeks beginning with date of order nor later than six months beginning with that date |
| Refusal of employment on grounds of trade union membership | 3 months beginning with date of conduct complained of |
| Refusal of service of employment agency on grounds of trade union membership | 3 months beginning with date of conduct complained of |
| Inducements relating to trade union membership or activities | 3 months beginning with date of offer |
| Inducements relating to collective bargaining | 3 months beginning with date of offer |
| Trade union membership and activities (detriment short of dismissal) | 3 months beginning with date of last act or failure |
| Interim relief pending determination of claim of unfair dismissal | 7 days immediately following the effective date of termination |
| Time off for trade union duties and activities | 3 months from date of employer’s failure to give time off or pay compensation |
| Exclusion or expulsion from trade union | six months beginning with date of refusal or expulsion |
| Claim for compensation where tribunal has made declaration of exclusion or expulsion from trade union | Not earlier than 4 weeks beginning with date of declaration nor later than 6 months beginning with that date |
| Failure to consult in respect of redundancies | 3 months beginning with date on which dismissal takes effect |
| Claim for remuneration under protective award | 3 months beginning with date of failure to pay |
| Unfair dismissal under s 238 (failure to offer re-engagement where dismissal connected with lockout, strike or other industrial action) | 6 months beginning with complainant’s date of dismissal
|
| Detriment short of dismissal relating to collective bargaining rights | 3 months beginning with date of act or failure |
| Pension Schemes Act 1993 | |
| Insolvent employer: unpaid contributions to occupational pension scheme | 3 months beginning with date of communication of Secretary of State’s decision |
| ET Extension of Jurisdiction Order 1994 | |
| Employee’s contract claim | 3 months beginning with effective date of termination of employment or last working day |
| Employer’s contract claim | 6 weeks beginning with date of receipt of employee’s claim NB. the ET Rules require the counterclaim to be submitted on the ET3 form, ie within 28 days of the date that the copy of the claim form was sent by the tribunal to the employer |
| Health and Safety (Consultation with Employees) Regulations 1996 | |
| Time off for employee safety representatives and candidates | 3 months of the date when the failure occurred |
| Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 | |
| Time off for consultation representatives, etc | 3 months beginning with the day on which the time off was taken or on which it is alleged the time off should have been permitted |
| Pay for time off to act as consultation representative | 3 months beginning with the day on which the time off was taken, or on which it is alleged the time off should have been permitted |
| Unfair dismissal for reasons relating to acting or seeking to act as consultation representative, enforce right under the regulations or make complaint to regulator | 3 months beginning with effective date of termination |
| Detriment in employment for reasons relating to acting or seeking to act as consultation representative, enforce right under the regulations or make complaint to regulator | 3 months beginning with the date of the act or omission complained of |
| Pensions Act 2008 | |
| Detriment for a reason relating to rights in relation to pension auto-enrolment | 3 months beginning with the date of the act or omission complained of |
| Unfair dismissal for a for a reason relating to rights in relation to pension auto-enrolment | 3 months beginning with effective date of termination |
| Agency Workers Regulations 2010 | |
| Detriment for a reason relating to rights in relation to agency workers | 3 months beginning with the date of the act or omission complained of |
| Unfair dismissal for a reason relating to rights in relation to agency workers | 3 months beginning with effective date of termination |
| Breach of a permanent contract providing for pay between assignments | 3 months beginning with the date of the breach |
| Employee Study and Training (Procedural Requirements) Regulations 2010 | |
| Right to be accompanied at relevant meetings | 3 months beginning with the date of the failure to comply or threat to fail to comply |
| Employment Relations Act 1999 (Blacklists) Regulations 2010 | |
| Refusal of employment for a reason that related to a prohibited list | 3 months beginning with the date of the conduct to which the complaint relates |
| Detriment for a reason which relates to a prohibited list | 3 months beginning with the date of the act or failure to which the complaint relates |
| Unfair dismissal for a reason which relates to a prohibited list | 3 months beginning with effective date of termination |
| Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015 | |
| Detriment suffered because worker has breached an unlawful exclusivity term in a zero hours contract | 3 months beginning with the date of the act or failure to act to which the complaint relates or, where that act or failure is part of a series of similar acts or failures, the last of them |
| Posted Workers (Enforcement of Employment Rights) Regulations 2016 | |
| Unauthorised deduction from the wages of a posted worker in the construction sector by a contractor | 3 months beginning with the date of payment of the relevant wages from which the deduction was made |
| Employment Rights Act 1996 (NHS Recruitment—Protected Disclosure) Regulations 2018 | |
| Discrimination because it appears to the National Health Service employer that the applicant has made a protected disclosure | 3 months beginning with the date of the act or failure to which the complaint relates NB EC requirement applies, but there is no corresponding statutory extension of time limit to facilitate conciliation |
Legal disclaimer
The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.
Author
Gill Laing is a qualified Legal Researcher & Analyst with niche specialisms in Law, Tax, Human Resources, Immigration & Employment Law.
Gill is a Multiple Business Owner and the Managing Director of Prof Services - a Marketing Agency for the Professional Services Sector.
