Time Limits In Employment Law

Unfair dismissal claims must be brought within 3 months of the Effective Date of Termination. This is subject to some exceptions.

UK Employment and HR

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Unfair dismissal claims

Unfair dismissal claims must be brought within 3 months of the Effective Date of Termination ("EDT"). This is subject to some exceptions.

A response to a Tribunal claim by the Employer must be made within 28 days of receipt of a copy of the ET1, by submitting form ET3.

Other Tribunal claims

Equal Pay claims must be brought within 6 months of the complaint.
Breach of contract claims must be brought within 3 months of the breach.

Discrimination claims must be brought within 3 months from the date of discrimination. Time will run from the date on which the discrimination ceases to occur.

Claims for a statutory redundancy payment must be brought within 6 months (usually from the EDT).

Unlawful deductions of wages claims must be brought within 3 months of the date of the unlawful deduction.

Appeals against Employment Tribunal decisions must be made within a period of 42 days from the decision.

EDT

The EDT will often be a crucial date in relation to Tribunal claims and will be: -

Where the employee is given notice of dismissal – the date of expiry of the notice period.

Where the employee is given payment in lieu of their notice period – the date on which the employee was told of the dismissal.

In the case of an instant dismissal – the date on which the employee became aware of the dismissal.

Where notice of termination is not given directly to the employee – the date on which they ought reasonably to have become aware of it (e.g. if notified by post – the date on which the letter is received).

Where the employee is employed on a fixed term contract – the date on which the contract expires (assuming it has not been renewed).

Requisite qualifying periods

1 years' continuous service to bring a claim for unfair dismissal.

2 years' continuous service for an entitlement to statutory redundancy pay.

26 weeks' continuous service into the 15^th week before the expected week of childbirth for an entitlement to statutory maternity pay.

1 years' continuous service for an entitlement to parental leave.

Statutory notice periods

The employer must give: -

Where the employee has been employed for less than 2 years (but more than 1 month) – 1 week.

Where the employee has been employed for between 2 years and 12 years – 1 week for each completed year of employment.

Where the employee has been employed for more than 12 years – 12 weeks.

The employee must give: -

Where the employee has been employed for less than 1 month – reasonable notice.

Where the employee has been employed for more than 1 month – 1 week

Please note that this information is provided for general knowledge only and therefore specific advice should be sought for individual cases.

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