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Gavin Booth

The Law at Work

19 Etive Court

Cumbernauld

Lanarkshire

Scotland

G67 4JA

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Introduction

Time limits are extended by Acas early conciliation which is compulsory for most claims. To find out more about early conciliation and how it affects times limits, see here. or visit Acas' website here.

​There are short and very strict time limits for making a claim to the Employment Tribunal. In most cases, the time limit is three months less one day from the date the incident you want to complain about took place. For example, if the incident tool place on 28 February, then you have until 27 May to make your claim. 

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​Statutory Time Limits
 
Please note, that only the most common time limits are listed below. 

Employment Relations Act 1999

Failure or threat to fail to comply with right to be accompanied at a disciplinary or grievance hearing
 

  • Three months beginning with date of failure or threat (s 11(2))

 
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Employment Rights Act 1996

Written statement of terms of employment​

  • Three months beginning with date on which employment ceased (s 11(4))

Itemised pay statement

  • Three months beginning with date on which employment ceased (s 11(4))

Unauthorised deductions from wages

  • Three months beginning with date of payment of wages from which deduction was made or date when payment received by employer (s 23(2), (4))

Guarantee payments

  • Three months beginning with date when payment was payable (s 34(2))

Detriment relating to 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

  • Three months beginning with date of act or failure (s 48(3))

Time off for public duties

  • Three months from date of employer's failure to allow time off (s 51(2))

Time off for employee to look for work etc

  • Three months beginning with date when time off should have been allowed (s 54(2))

Time off for ante-natal care

  • Three months beginning with date of appointment (s 57(2))

Time off for dependants

  • Three months beginning with date when failure occurred (s 57B(2))

Time off for pension scheme trustees

  • Three months beginning with date of employer's failure to allow time off (s 60(2))

Time off for employee representatives

  • Three months beginning with date when time off should have been allowed or day taken off (s 63(2))

Time off for young persons for study or training and right to remuneration

  • Three months beginning with date when time off was taken or should have been allowed (s 63C(2))

Suspension from work on medical or maternity grounds

  • Three months beginning with first day of suspension (s 70(2))

Parental leave

  • Three months beginning with date of matters complained of (s 80(2))

Flexible working

  • Three months beginning with relevant date (s 80H(5))

Written statement of reasons for dismissal

  • Three months beginning with effective date of termination of employment (s 93(3))

Unfair dismissal

  • Three months beginning with effective date of termination of employment (s 111(2))

Interim relief

  • Seven days immediately following the effective date of termination of employment (s 128))

Redundancy payment

Six months beginning with relevant date (s 164(1), (2))

Insolvent employer and claim against Secretary of State (redundancy payment)

  • No time limit specified (see s 170(1))

Payments equivalent to redundancy payments to civil servants etc

  • No time limit specified (see s 177(1))

Insolvent employer claim against Secretary of State (employer's debts)

  • Three months beginning with date of communication of Secretary of State's decision (s 188(2)) 

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Employment Tribunals Extension of Jurisdiction (Scotland) Order 1994 (SI 1994/1624)

Employee's contract claim

  • Three months beginning with effective date of termination of employment or last working day (art 7)

Employer's contract claim

  • Six weeks beginning with date of receipt of employee's claim (art 8)

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Equality Act 2010

Discrimination on grounds of age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex or sexual orientation

  • The period of 3 months starting with the date of the act to which the complaint relates, or such other period as the employment tribunal thinks just and equitable (s 123)

Equal pay/breach of equality clause

  • At any time during employment, or six months after the last day of employment in a standard case (note that different dates apply in stable employment, concealment and disability cases) (s. 129)

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Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (SI 2002/2034)

Less favourable treatment and detriment relating to fixed-term employees

  • Three months beginning with (last) date of less favourable treatment (reg 7(2), (3))

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Flexible Working (Procedural Requirements) Regulations 2002 (SI 2002/3207)

Failure or threat to fail to comply with right to be accompanied at meeting to discuss contract variation

 

  • Three months beginning with date of failure or threat (reg 15(2))

 

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Health and Safety (Consultation with Employees) Regulations 1996 (SI 1996/1513)

Time off for employee safety representatives and candidates

  • Three months of the date when the failure occurred (Sch 2 para 3)

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National Minimum Wage Act 1998

Failure to allow access to records

  • Three months following end of 14 days from receipt of production notice (s 11(3), (4))

Detriment relating to enforcement of rights etc

  • Three months beginning with date of act or failure (s 24(2); ERA s 48(3))

Appeal in respect of notice of underpayment

  • 28 days beginning with date of service of notice (s 19C(3))

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Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 (SI 2006/349)

Time off for employee representatives

  • Three months beginning with date when time off was taken or should have been permitted (Sch para 4(2))

Detriment relating to activities of special negotiating body etc

  • Three months beginning with date of act or failure (Sch para 8(2); ERA s 48(3))

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Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551)

Less favourable treatment and detriment relating to part-time workers
 

  • Three months beginning with (last) date of less favourable treatment or detriment (or six months in case of complaint by member of armed forces) (reg 8(2), (3))

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Pension Schemes Act 1993

Insolvent employer unpaid contributions to occupational pension scheme

  • Three months beginning with date of communication of Secretary of State's decision (s 126(2))

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Road Transport (Working Time) Regulations 2005 (SI 2005/639)

Appeal against improvement or prohibition notice

  • 21 days from date of service (Sch 2 para 6(2))

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Trade Union and Labour Relations (Consolidation) Act 1992

Unjustifiable disciplining of trade union members

 

  • Three months beginning with date of infringement (s 66(2))

 
Claim for compensation where the Employment Tribunal has made declaration of unjustifiable disciplining of trade union members
 

  • Not earlier than four weeks beginning with date of declaration nor later than six months beginning with that date (s 67(3))

 
Unauthorised deduction of union subscriptions
 

  • Three months beginning with date of deduction (s 68A(1))

 
Failure to comply with collective bargaining obligations regarding training
 

  • Three months beginning with date of failure (s 70C(2))

 
Wrongful deduction of political fund contributions or refusal to deduct union dues

 

  • Three months beginning with date of payment of emoluments (s 87(2))

 
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 (s 87(6))

 
Secret ballots on employer's premises
 

  • Three months beginning with date of failure to comply (s 116(5))

 
Refusal of employment on grounds of trade union membership
 

  • Three months beginning with date of conduct complained of (s 139(1))

 
Refusal of service of employment agency on grounds of trade union membership
 

  • Three months beginning with date of conduct complained of (s 139(1))

 
Inducements relating to trade union membership or activities 
 

  • Three months beginning with date of offer (s 145C)

 
Inducements relating to collective bargaining
 

  • Three months beginning with date of offer (s 145C)

 
Trade union membership and activities (detriment short of dismissal)
 

  • Three months beginning with date of last act or failure (s 147)

 
Interim relief pending determination or complaint of unfair dismissal
 

  • Seven days immediately following the effective date of termination (s 161(2))

 
Time off for trade union duties and activities
 

  • Three months from date of employer's failure to give time off or pay compensation (s 171)

 
Exclusion or expulsion from trade union
 

  • Six months beginning with date of refusal or expulsion (s 175)

 
Claim for compensation where the Employment Tribunal has made declaration of exclusion or expulsion from trade union
 

  • Not earlier that four weeks beginning with date of declaration nor later than six months beginning with that date (s 176(3))

 
Failure to consult in respect of redundancies
 

  • Three months beginning with date on which dismissal takes effect (s 189(5))

 
Claim for remuneration under protective award

 

  • Three months beginning with date of failure to pay (s 192(2))

 

Unfair dismissal under s 238 (failure to offer re-engagement where dismissal connected with lockout, strike or other industrial action)

 

  • Six months beginning with complainant's date of dismissal (s 239(2))

 

Detriment short of dismissal relating to collective bargaining rights

 

  • Three months beginning with date of act or failure (Sch A1 para 157(1))

 

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Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246)

 

Failure to notify employee liability information

 

  • Three months beginning with date of relevant transfer (reg 12(2))

 

Failure to inform or consult in respect of transfer of undertaking

 

  • Three months beginning with date of completion of transfer (reg 15(12)(a))

 

Claim by employee for compensation where order is made under reg 15(7), (8)

 

  • Three months beginning with date of tribunal's order (reg 15(12(b))

 

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Working Time Regulations 1998 (SI 1998/1833)

Refusal to permit exercise of rights or failure to make payments in respect of annual leave

 

  • Three months beginning with date when exercise of right should have been permitted or date when payment was payable (or six months in case of complaint by member of armed forces) (reg 30(2))

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