Time limits in Employment Tribunal claims

The time limit for making a claim to Employment tribunal will depend on the type of claim you are seeking to make.

 

If you have more than one claim, e.g. claims for unpaid wages and unfair dismissal, then a different time limit may apply to each claim so be sure to check the time limit for each type of claim.

 

The table below sets out the time limits for common types of claims.

 

In some circumstances the time limits can be extended.

 

Further information on extending time limits for Employment Tribunal claims.

Unauthorised deductions from wages

 

3 months from the date the wages were due

If there has been a “series” of deductions (eg a weekly deduction for several months) the time limit is 3 months from the last deduction

Holiday pay – pay for holiday taken

3 months from the date the employee should have been paid for the holiday

Holiday pay – compensation for an employers refusal to allow holiday

3 months from the date of the refusal

Holiday pay – payment in lieu due on termination

3 months from the date of termination of the contract

Notice pay

3 months from the date of termination of the contract

Unfair Dismissal

3 months from the date of termination of the contract

Redundancy Pay

6 months from the date of termination of the contract

NB – if the employee has written to the employer asking for RP within 6 months of the dismissal then there is effectively no time limit for making a claim to the ET

Discrimination – a one off incident

3 months from the date of the incident

 

Discrimination – several incidents (eg harassment over 6 months)

3 months from the last incident if the discrimination is part of a continuing series of acts of discrimination

 

NB it can sometimes be difficult to identify whether there has been a continuing act of discrimination, so that time arises from the last incident, or a series of separate, one off incidents, so that each has a separate time limit.

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