Deadline for Submitting an ET1 Form After Dismissal

The ET1 form is the formal application used to start a claim in the Employment Tribunal in England and Wales. For dismissal-related claims such as unfair dismissal or constructive dismissal, strict statutory time limits apply to when the ET1 must be submitted.

These deadlines are short and enforced strictly. Missing them usually means the claim cannot proceed unless a narrow legal exception applies.

This article explains the deadline for submitting an ET1 after dismissal, how the time limit is calculated, and how ACAS early conciliation affects the overall timetable.

What the ET1 Form Is

The ET1 form is the official claim form submitted to an Employment Tribunal. It sets out:

• The legal claim being made (e.g. unfair dismissal)
• Details of the employer and employment relationship
• Facts surrounding the dismissal
• Remedies sought (such as compensation or reinstatement)

A claim is not considered started until the ET1 is received by the tribunal (or submitted online through the tribunal system).

Standard Deadline for Submitting an ET1 After Dismissal

For most dismissal-related claims, including unfair dismissal and constructive dismissal, the deadline is:

• 3 months minus 1 day from the effective date of termination (EDT)

The EDT is usually:

• The last day of employment under notice, or
• The date employment ends immediately in a summary dismissal

Example

• Employment ends: 10 January
• ET1 deadline: 9 April (by 11:59pm)

If the ET1 is submitted after this date, the claim is normally out of time.

When the Clock Starts Running

The limitation period starts on the effective date of termination (EDT), not when:

• The employee is told they are being dismissed
• A disciplinary hearing takes place
• An internal appeal is completed

The EDT is the legal end of employment, not the decision-making stage.

ACAS Early Conciliation and Its Effect on the ET1 Deadline

Before submitting an ET1, most claimants must notify ACAS and go through early conciliation.

How it affects the deadline

When ACAS is notified within the limitation period:

• The ET1 deadline is paused (“stopped”)
• The pause lasts from the date of ACAS notification until the Early Conciliation Certificate is issued
• Once issued, the time limit resumes

Minimum time extension

After conciliation ends:

• A claimant will usually have at least 1 month to submit the ET1, even if the original deadline would have expired during conciliation

Important limitation

• If ACAS is contacted after the deadline has already expired, the ET1 remains out of time
• Early conciliation does not revive an expired claim

How the ET1 Deadline Is Calculated in Practice

The calculation typically follows three stages:

Stage 1: Before ACAS notification

• The 3-month minus 1 day limitation period runs normally from the EDT

Stage 2: During ACAS early conciliation

• The limitation period is paused

Stage 3: After ACAS certificate

• The remaining time resumes
• A minimum of 1 month is often available to submit the ET1

What Happens If the ET1 Is Submitted Late

If the ET1 is submitted after the deadline:

• The tribunal will usually reject the claim
• The employer can challenge jurisdiction due to lateness
• The tribunal will consider whether an exception applies before any hearing on the merits

Late submission is treated as a serious procedural issue, not a minor defect.

Exceptions to the ET1 Deadline

A late ET1 may only be accepted in limited circumstances.

The main legal test

The claimant must show:

• It was not reasonably practicable to present the ET1 in time
• The claim was submitted within a reasonable period after it became possible

Examples (rarely accepted)

• Severe illness preventing any ability to act
• Exceptional external barriers (e.g. serious incapacitation)
• Genuine inability to identify the correct EDT

Common reasons that are NOT accepted

• Ignorance of the deadline
• Delay while pursuing grievances or appeals
• Waiting for legal advice
• Administrative or postal delays near the deadline

Tribunals apply this test strictly.

ET1 Deadline vs Other Employment Claims

Different employment claims may have different limitation rules:

• Unfair dismissal / constructive dismissal: 3 months minus 1 day
• Discrimination claims: 3 months, but can be extended if “just and equitable”
• Wage claims: different statutory rules depending on type

A single dismissal situation may therefore involve multiple deadlines running in parallel.

Common Mistakes Leading to Missed ET1 Deadlines

1. Misidentifying the effective date of termination

The EDT is often confused with:

• The dismissal letter date
• The last day worked
• The appeal outcome date

This can lead to incorrect deadline calculation.

2. Assuming grievances extend the deadline

Internal procedures do not pause or extend tribunal time limits.

3. Delaying ACAS notification

If ACAS is contacted too late, the claim may already be out of time.

4. Waiting for settlement discussions

Negotiations do not affect the limitation period unless ACAS early conciliation is formally initiated.

Practical Consequences of Missing the ET1 Deadline

If no exception applies:

• The Employment Tribunal will dismiss the claim without hearing evidence
• No compensation for dismissal will be awarded
• The employer avoids liability through procedural time bar
• Related claims may also be affected depending on their own deadlines

Key Takeaways

• The ET1 form must usually be submitted within 3 months minus 1 day of the effective date of termination
• The EDT is the legal end of employment, not the dismissal decision date
• ACAS early conciliation pauses the deadline if started in time
• After ACAS issues a certificate, the remaining time resumes, often with at least 1 month available
• Late ET1 claims are only accepted if it was not reasonably practicable to submit on time
• Tribunal deadlines are strictly enforced and rarely extended