Extending time limits for Employment Tribunal claims

The time limit for making a claim to an Employment tribunal is normally set out in the Act or Regulation that creates the right.

 

In the same way the circumstances of how the time limit can be extended will also be set out in the same regulation.

 

The most common types of extentions are:

Early conciliation

In all Employment Tribunal claims after 6 May 2014 the applicant will have to start the Early Conciliation process with ACAS. In this process the time limit can be paused during the process to add time for making a claim.

 

If there is less than one month left of the original time limit after the Early Conciliation certificate is issued by ACAS then the time limit is extended to a period of one month after the date the certificate is issued.

Not reasonably practicable

This allows a tribunal to allow a claim within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months

 

This type of extension has two tests:

The tribunal must agree that it was not reasonably practicable for the complaint to be presented within the time allowed AND that the time which passed after that until the complaint was issued at the tribunal was also reasonable.

 

This type of extension applies to a number of claims including:

  • unfair dismissal
  • unauthorised deductions of wages
  • holiday pay

More on the reasonably practicable test for extending time

Just and equitable

This allows a tribunal to allow a claim within such other period that the tribunal thinks 'just and equitable'.

 

This is a more general power to extend time for claims.

 

This type of extension applies to clams including:

  • discrimination under the Equality Act 2010
  • Part Time Workers Regulations claims

 

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