This Extensive Checklist outlines the specifics of claims that can be filed in the employment tribunal, including the applicable time limit for submitting the claim, whether early conciliation is required, if the time limit can be extended to accommodate early conciliation, and if the tribunal has the discretion to extend the time limit when it was 'not reasonably practicable' to submit the claim on time or if the tribunal deems it 'just and equitable' to do so.
For further information regarding time limits for employment tribunal claims generally, see Practice Notes:
Time limits for presenting employment tribunal claims
Calculating and altering time periods in employment tribunal litigation, and
The early conciliation requirement
In the table below:
# indicates that the requirement for early conciliation applies and the time limit is subject to an extension of time to allow for early conciliation, subject to any early conciliation exemption
* indicates that an extension of time may be allowed based on this (or similar) form of words: 'within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the claim to be presented before the end of the period of [three] months'
† indicates that an extension of time may be allowed where a tribunal considers that, in all the circumstances of the case, it is 'just and equitable' to do so
LEGISLATION | TIME LIMIT |
Safety Representatives and Safety Committees Regulations 1977, SI 1977/500 | |
Right of safety representatives to time off and pay | Three months of date of failure (SI 1977/500, reg 11(2))* # |
Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A) | |
Unjustifiable disciplining of trade union members | Three months beginning with date of infringement (TULR(C)A 1992, s 66(2)) * # |
Claim for compensation where 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 (TULR(C)A 1992, s 67(3)) |
Unauthorised deduction of union subscriptions | Three months beginning with date of deduction (TULR(C)A 1992, s 68A(1)) * # |
Failure to comply with collective bargaining obligations regarding training | Three months beginning with date of failure (TULR(C)A 1992, s 70C(2)) * # |
Wrongful deduction of political fund contributions or refusal to deduct union dues | Three months beginning with date of payment of emoluments (TULR(C)A 1992, s 87(2)) * # |
Employer's failure to comply with order under TULR(C)A 1992, s 87(5) | Not earlier than four weeks beginning with date of order nor later than six months beginning with that date (TULR(C)A 1992, s 87(6)) |
Refusal of employment on grounds of trade union membership | Three months beginning with date of conduct complained of (TULR(C)A 1992, s 139(1)) * # |
Refusal of service of employment agency on grounds of trade union membership | Three months beginning with date of conduct complained of (TULR(C)A 1992, s 139(1)) * # |
Inducements relating to trade union membership or activities | Three months beginning with date of offer (TULR(C)A 1992, s 145C) * # |
Inducements relating to collective bargaining | Three months beginning with date of offer (TULR(C)A 1992, s 145C) * # |
Trade union membership and activities (detriment short of dismissal) | Three months beginning with date of last act or failure (TULR(C)A 1992, s 147) * # |
Interim relief pending determination of claim of unfair dismissal | Seven days immediately following the effective date of termination (TULR(C)A 1992, 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 (TULR(C)A 1992, s 171)*# |
Exclusion or expulsion from trade union | Six months beginning with date of refusal or expulsion (TULR(C)A 1992, s 175) * # |
Claim for compensation where 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 (TULR(C)A 1992, s 176(3)) |
Failure to consult in respect of redundancies | Three months beginning with date on which dismissal takes effect (TULR(C)A 1992, s 189(5)) * # |
Claim for remuneration under protective award | Three months beginning with date of failure to pay (TULR(C)A 1992, s 192(2)) * # |
Unfair dismissal under TULR(C)A 1992, 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 (TULR(C)A 1992, s 239(2)) * |
Detriment short of dismissal relating to collective bargaining rights | Three months beginning with date of act or failure (TULR(C)A 1992, sch A1 para 157(1)) * # |
Time off for young persons for study or training and right to remuneration | Time off for young persons for study or training and right to remuneration |
Time off for young persons for study or training and right to remuneration | Time off for young persons for study or training and right to remuneration |
Time off for young persons for study or training and right to remuneration | Time off for young persons for study or training and right to remuneration |
Time off for young persons for study or training and right to remuneration | Time off for young persons for study or training and right to remuneration |
Time off for young persons for study or training and right to remuneration | Time off for young persons for study or training and right to remuneration |
Time off for young persons for study or training and right to remuneration | Time off for young persons for study or training and right to remuneration |
Written statement of terms of employment | Three months beginning with date on which employment ceased (ERA 1996, s 11(4)) * # |
Itemised pay statement | Three months beginning with date on which employment ceased (ERA 1996, 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 (ERA 1996, s 23(2), 23(4)) * # |
Tips, gratuities and service charges—how and when tips etc must be dealt with | 12 months beginning with the date of failure to comply (or the latest failure to comply) (ERA 1996, s 27K(2)–27K(7)) * # |
Tips, gratuities and service charges—written policy and record-keeping | Three months beginning with the date of failure to comply (ERA 1996, s 27N(2)–27N(4)) * # |
Guarantee payments | Three months beginning with date when payment was payable (ERA 1996, s 34(2)) * # |
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 | Three months beginning with date of act or failure (ERA 1996, s 48(3)) * # |
Time off for public duties | Three months from date of employer's failure to allow time off (ERA 1996, s 51(2)) * # |
Time off for employee to look for work, etc | Three months beginning with date when time off should have been allowed (ERA 1996, s 54(2)) * # |
Time off for antenatal care | Three months beginning with date of appointment (ERA 1996, s 57(2)) * # |
Time off for antenatal care (agency workers) | Three months beginning with date of appointment (ERA 1996, s 57ZC(3)) * # |
Time off to accompany to antenatal appointment | Three months beginning with date of appointment (ERA 1996, s 57ZF(2)) * # |
Time off to accompany to antenatal appointment (agency workers) | Three months beginning with date of appointment (ERA 1996, s 57ZH(3)) * # |
Time off for adoption appointments | Three months beginning with date of appointment (ERA 1996, s 57ZM(2)) * # |
Time off to attend adoption meetings (agency workers) | Three months beginning with date of appointment (ERA 1996, s 57ZQ(3)) * # |
Time off for dependants | Three months beginning with date when failure occurred (ERA 1996, s 57B(2)) * # |
Time off for pension scheme trustees | Three months beginning with date of employer's failure to allow time off (ERA 1996, ERA 1996, s 60(2)) * # |
Time off for employee representatives | Three months beginning with date when time off should have been allowed or day taken off (ERA 1996, 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 (ERA 1996, s 63C(2)) * # |
Suspension from work on medical, or maternity, grounds | Three months beginning with first day of suspension (ERA 1996, s 70(2)) * # |
Agency workers: right to remuneration where the supply of an agency worker to a hirer is ended on maternity grounds | Three months beginning with the day on which the supply of the agency worker to a hirer was ended on maternity grounds (ERA 1996, s 70A(2)) * # |
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 | Three months beginning with the day on which the supply of the agency worker to a hirer was ended on maternity grounds (ERA 1996, s 70A(5)) * # |
Parental leave | Three months beginning with date of matters complained of (ERA 1996, s 80(2)) * # |
Flexible working | Three months beginning with relevant date (ERA 1996, s 80H(5)) * # |
Carer’s leave | Three months beginning with date of matters complained of (ERA 1996, s 80N(2)) * # |
Written statement of reasons for dismissal | Three months beginning with effective date of termination of employment (ERA 1996, s 93(3)) * # |
Unfair dismissal | Three months beginning with effective date of termination of employment (ERA 1996, s 111(2)) * # |
Interim relief | Seven days immediately following the effective date of termination of employment (ERA 1996, s 128)) |
Redundancy payment | Six months beginning with relevant date (ERA 1996, s 164(1), (2)) † # |
Insolvent employer: claims against Secretary of State (redundancy payment) | No time limit specified (see ERA 1996, s 170(1)) |
Payments equivalent to redundancy payments to civil servants etc | No time limit specified (see ERA 1996, s 177(1)) |
Insolvent employer: claims against Secretary of State (employer's debts) | Three months beginning with date of communication of Secretary of State's decision (ERA 1996, s 188(2)) * |
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 (SI 1996/1513, Sch 2 para 3) * # |
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 claim by member of armed forces) (SI 1998/1833, Reg 30(2)) * # |
National Minimum Wage Act 1998 | |
Failure to allow access to records | Three months following end of 14 days from receipt of production notice (NMWA 1998, s 11(3)) * # |
Detriment relating to enforcement of rights etc | Three months beginning with date of act or failure (NMWA 1998, s 24(2); ERA s 48(3)) * # |
Appeal against enforcement notice | Four weeks following date of service of notice (NMWA 1998, s 19(4)) |
Appeal against penalty notice | Four weeks following date of service of notice (NMWA 1998, s 19C(3)) |
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 (ERA 1999, s 11(2)) # |
Transnational Information and Consultation of Employees Regulations 1999, SI 1999/3323 | |
Time off for members of European Works Councils, etc | Three months beginning with the date when time off should have been allowed or day taken off (SI 1999/3323, reg 27(2)) * # |
Detriment relating to membership of European Works Councils, etc | Three months beginning with date of act or failure (SI 1999/3323, reg 32(2); ERA 1996, s 48(3)) * |
Part-time Workers 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 claim by member of armed forces) (SI 2000/1551, reg 8(2)) † # |
Fixed-term Employees 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 (SI 2002/2034, reg 7(2)) † # |
Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018, SI 2018/58 | |
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 | Three months beginning with the date of failure (SI 2018/58, reg 26(2)) * # |
Flexible Working Regulations 2002, SI 2002/3207 | |
Failure or threat to fail to comply with right to be accompanied at meeting to discuss contract variation, or an appeal | Three months beginning with date of failure or threat (SI 2002/3207, reg 15(2)) * # |
Merchant Shipping (Working Time: Inland Waterways) Regulations 2004, SI 2003/3049 | |
Refusal to permit exercise of right to adequate rest or annual leave 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 (SI 2003/3049, reg 18(2)) * # |
Civil Aviation (Working Time) Regulations 2004, SI 2004/756 | |
Claims relating to annual leave, health assessments and organising patterns of work | Three months of date right should have been permitted or leave should have been permitted to begin (SI 2004/756, reg 18(2)) * # |
Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004, SI 2004/1713 | |
Refusal to permit exercise of rights to adequate rest periods or annual leave, 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 (SI 2004/1713, reg 19(2)) * # |
Information and Consultation of Employees Regulations 2004, SI 2004/3426 | |
Time off for information and consultation representatives etc | Three months beginning with date when time off was taken or should have been permitted (SI 2004/3426, reg 29(2)) * # |
Detriment relating to information and consultation representatives etc | Three months beginning with date of act or failure (SI 2004/3426, reg 33(2); ERA 1996 s 48(3)) * |
Transfer of Undertakings (Protection of Employment) Regulations (TUPE) 2006, SI 2006/246 | |
Failure to inform or consult in respect of transfer of undertaking | Three months beginning with date of completion of transfer (SI 2006/246, reg 15(1)) * |
Claim by employee for compensation where order made by tribunal under SI 2006/246, reg 15(7) or reg 15(8) | Three months beginning with date of tribunal's order (SI 2006/246, reg 15(10)) * |
Failure to notify employee liability information | Three months beginning with the date of the relevant transfer (SI 2006/246, reg 12(2)(a)) * |
Equality Act 2006 | |
Claim by Equality and Human Rights Commission under EA 2006, s 25(3)(a) (enforcement of provisions relating to discriminatory advertisements, instructions and pressure to discriminate) | Six months beginning with the date (or last date) on which the alleged unlawful act occurred (EA 2006, s 26(1)(a))(no extension) |
Appeal against unlawful act notice | Six weeks beginning with the day on which the notice is given (EA 2006, s 21(5))(no extension) |
Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006, SI 2006/349 | |
Time off for consultation representatives, etc | Three 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 (SI 2006/349, Sch Para 4(2)(a)) * # |
Pay for time off to act as consultation representative | Three 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 (SI 2006/349, Sch Para 4(2)(b)) * # |
Unfair dismissal for reasons relating to acting or seeking to act as consultation representative, enforce right under the regulations or make complaint to regulator | Three months beginning with effective date of termination (SI 2006/349, Sch Para 5, ERA 1996, s 111) * # |
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 | Three months beginning with the date of the act or omission complained of (SI 2006/349, Sch Para 8; ERA 1996, s 48) * |
Pensions Act 2008 | |
Detriment for a reason relating to rights in relation to pension auto-enrolment | Three months beginning with the date of the act or omission complained of (PenA 2008, s 56(2), ERA 1996, s 48(3)(a)) * # |
Unfair dismissal for a for a reason relating to rights in relation to pension auto-enrolment | Three months beginning with effective date of termination (PenA 2008, s 57, ERA 1996, s 111) * # |
Cross-border Railway Services (Working Time) Regulations 2008, SI 2008/1660 | |
The right to daily rest, rest breaks for drivers and other workers and weekly rest | Three months beginning with the date of failure (SI 2008/1660, reg 17(2)) * # |
Ecclesiastical Offices (Terms of Service) Regulations 2009, SI 2009/2108 | |
Right to initial statement of office or itemised statement of stipend | Three months beginning with the date on which the appointment ended (SI 2009/2108, reg 9(4)) * # |
European Public Limited-Liability Company (Employee Involvement)(Great Britain) Regulations 2009, SI 2009/2401 | |
Time off for members of special negotiating body etc and failure to pay | Three months beginning with date when time off taken or should have been allowed (SI 2009/2401, reg 28(2)) * # |
Detriment relating to activities of special negotiating body etc | Three months beginning with date of act or failure (SI 2009/2401, reg 32(3); ERA s 48(3)) * |
Equality Act 2010 | |
A complaint relating to prohibited conduct (discrimination, victimisation, harassment) | Three months starting with the date of the act to which the complaint relates (EqA 2010, s 123(1)) † # |
A complaint relating to breach of an equality clause or rule | Six 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) (EqA 2010, ss 129, 130) # |
Agency Workers Regulations 2010, SI 2010/93 | |
Detriment for a reason relating to rights in relation to agency workers | Three months beginning with the date of the act or omission complained of (SI 2010/93, reg 18(4)) † # |
Unfair dismissal for a reason relating to rights in relation to agency workers | Three months beginning with effective date of termination (SI 2010/93, reg 17, ERA 1996, s 111) * # |
Breach of a permanent contract providing for pay between assignments | Three months beginning with the date of the breach (SI 2010/93, reg 18(4)) † # |
Employee Study and Training (Procedural Requirements) Regulations 2010, SI 2010/155 | |
The right to be accompanied at relevant meetings | Three months beginning with the date of the failure to comply or threat to fail to comply (SI 2010/155, reg 17(2)) * # |
Employment Relations Act 1999 (Blacklists) Regulations 2010, SI 2010/493 | |
Refusal of employment for a reason that related to a prohibited list | Three months beginning with the date of the conduct to which the complaint relates (SI 2010/493, reg 7) † # |
Detriment for a reason which relates to a prohibited list | Three months beginning with the date of the act or failure to which the complaint relates (SI 2010/493, reg 10) † # |
Unfair dismissal for a reason which relates to a prohibited list | Three months beginning with effective date of termination (SI 2010/493, reg 12, ERA 1996, s 111) † |
Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015, SI 2015/2021 | |
Detriment suffered because worker has breached an unlawful exclusivity term in a zero hours contract | Three 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 (SI 2015/2021, regs 3, 4) † # |
Employment Rights Act 1996 (NHS Recruitment—Protected Disclosure) Regulations 2018, SI 2018/579 | |
Discrimination because it appears to the National Health Service employer that the applicant has made a protected disclosure | Three months beginning with the date of the act or failure to which the complaint relates (SI 2018/579, reg 5) † NB EC requirement applies, but there is no corresponding statutory extension of time limit to facilitate conciliation |
Exclusivity Terms for Zero Hours Workers (Unenforceability and Redress) Regulations 2022, SI 2022/1145 | |
Detriment suffered because worker has breached an unlawful exclusivity term in a ‘specified contract’ (ie a contract under which the low-income worker is entitled to be paid net average weekly wages that do not exceed the lower earnings limit (LEL)) | Three 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 (SI 2022/1145, regs 8, 9) † # |
Comments