The time limit for an unfair dismissal claim is three months, but don't worry ! It can be extended when you know how to pass the "not reasonably practicable" TEST. If you have a potential multi-claim case involving unfair dismissal and other claims, e.g., prohibited conduct or breach of contract, it is advisable to read ‘Employment Tribunal Time Limits | Comprehensive Checklist'and look for the following icon:
† which 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.
The typical three-month time limits for 'unfair dismissal' starts from the Effective Date of Termination (EDT). Determining the EDT can be complicated in certain situations. If you're uncertain, you can find more information here. Essentially, the EDT is when your employment contract officially ended or when you were notified of termination and then completed your notice period. However, if you miss the standard deadline, it can be extended if you demonstrate that it was not reasonably practicable to file the unfair dismissal claim on time.
The "not reasonably practicable" TEST
The "not reasonably practicable" test for extending time limits in unfair dismissal cases is a stringent standard that requires the claimant to satisfy two key criteria. Firstly, the claimant must demonstrate that it was not reasonably practicable to present the claim within the primary three-month time limit. If this hurdle is cleared, the claimant must then show that the claim was presented within a reasonable period after the expiry of the initial time limit.
Unfair dismissal time limit, Employment Rights Act 1996 (1996 c 18). Want to see a full judgement when such two key criteria was met ? consider reading the case of Mr. Patrick Brophy
The test focuses on practical obstacles rather than subjective difficulties. For instance, ignorance of the law or ongoing negotiations with the employer typically do not suffice unless the claimant was reasonably unaware of the time limit or the facts giving rise to the claim. The tribunal will consider whether the claimant took all reasonable steps to present the claim in time, including seeking advice from skilled advisers. If the claimant consulted an adviser who failed to provide correct advice, the reasonableness of the adviser's error will be assessed Time limits for presenting employment tribunal claims.
Case law illustrates the application of this test. In University of Cambridge v Murray, the court emphasised that the claimant must show it was not reasonably practicable to present the claim within the time limit and that any delay beyond this period was reasonable. Similarly, in Governing Body of Wishmorecross School v Balado, the tribunal considered whether the claimant's actions during the notice period affected the practicability of presenting the claim Unfair dismissal time limit.
In PATEL (appellant) v NAGESAN (respondent) - [1995] IRLR 370, the tribunal found that the claimant's ignorance of the time limit due to ongoing internal appeal processes was reasonable, thus satisfying the "not reasonably practicable" test Unfair dismissal time limit. Conversely, in Dedman v British Building and Engineering Appliances Ltd, the court held that the claimant's reliance on incorrect advice from an adviser did not meet the test if the adviser's error was unreasonable Time limits for presenting employment tribunal claims.
Overall, the "not reasonably practicable" test requires a detailed examination of the claimant's circumstances and actions to determine whether the delay in presenting the claim was justified.
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