Disability Discrimination Claim Time Limit Rules in the Employment Tribunal

Disability discrimination claims in the Employment Tribunal arise under the Equality Act 2010. They involve situations where a disabled person is treated unfavourably because of their disability, or where an employer fails to make reasonable adjustments.

These claims are subject to strict time limits. If a claim is not submitted within the required period, it may be rejected unless the tribunal decides to extend time. Understanding when the time limit starts and how it is calculated is essential for preserving a claim.

Legal Framework for Disability Discrimination Claims

Disability discrimination is prohibited under the Equality Act 2010. A person is protected if they meet the statutory definition of disability, meaning:

• A physical or mental impairment
• That has a substantial and long-term adverse effect on day-to-day activities

Protected individuals are safeguarded against several forms of discrimination, including:

• Direct disability discrimination
• Indirect discrimination
• Failure to make reasonable adjustments
• Harassment related to disability
• Victimisation for raising discrimination concerns

Employment Tribunal claims are the main route for enforcement.

Standard Time Limit for Disability Discrimination Claims

The 3-Month Minus 1 Day Rule

The general time limit is:

• 3 months minus 1 day from the date of the discriminatory act, or
• 3 months minus 1 day from the last act in a continuing series of discrimination

This applies to all Equality Act 2010 disability discrimination claims.

The rule is strictly enforced, although tribunals have discretion to extend time in limited circumstances.

When the Time Limit Starts

The start date depends on the nature of the discriminatory conduct.

1. Single Act of Discrimination

If the claim relates to a single incident, such as:

• Refusal to make reasonable adjustments
• Dismissal because of disability
• Reduction in pay linked to disability
• Refusal of promotion due to disability

The time limit begins on the date the claimant is informed of the decision or when it takes effect.

2. Failure to Make Reasonable Adjustments

Failure to make reasonable adjustments can be ongoing in nature.

Examples include:

• Not providing accessible equipment
• Refusing flexible working adjustments
• Failing to adapt workplace policies

Where the failure continues over time, a tribunal may treat it as a continuing act, meaning the limitation period runs from the last day of the ongoing failure.

3. Continuing Course of Discriminatory Conduct

Disability discrimination often develops over a series of events, such as:

• Repeated exclusion from workplace opportunities
• Ongoing failure to support disability-related needs
• Continuous negative treatment following disclosure of disability

Where acts are linked, the tribunal may treat them as a continuing course of conduct. In that case, the limitation period runs from the final act in the series.

If the events are not sufficiently connected, each incident has its own limitation period.

4. Constructive Dismissal Linked to Disability

If an employee resigns due to disability discrimination:

• The limitation period runs from the effective date of termination (EDT)
• This is usually the last day of employment or notice period

ACAS Early Conciliation and Time Limits

Before most Employment Tribunal claims can proceed, the claimant must notify ACAS and participate in Early Conciliation.

Effect on Time Limits

• The limitation period is paused while ACAS Early Conciliation is ongoing
• Time resumes when ACAS issues the certificate
• The remaining time continues after the certificate date

ACAS confirms that Employment Tribunal claims must usually be brought within 3 months minus 1 day, and Early Conciliation temporarily stops the clock while it is active.

Internal Grievances and Workplace Procedures

Employees often raise grievances before considering tribunal action.

Key rule:

• Internal grievance procedures do not extend or pause the limitation period

This means:

• The tribunal deadline continues to run during internal processes
• Waiting for an outcome can result in missing the time limit

Continuing Acts and Reasonable Adjustment Failures

Disability discrimination frequently involves ongoing employer obligations, particularly around reasonable adjustments.

A tribunal may find a continuing act where:

• The employer repeatedly fails to address adjustment needs
• The discriminatory condition persists over time
• There is an ongoing policy or practice causing disadvantage

If a continuing act is established:

• The limitation period runs from the last discriminatory act
• Earlier incidents may still be included in the claim

However, tribunals assess this strictly and do not automatically treat all ongoing issues as continuous.

Extension of Time: Just and Equitable Test

If a claim is out of time, the tribunal may allow it to proceed if it is just and equitable.

Factors considered include:

• Length of delay
• Reason for delay
• Whether the claimant acted promptly once aware of the issue
• Availability and quality of evidence
• Prejudice to the employer

This discretion is applied carefully and is not guaranteed.

Common Limitation Issues in Disability Discrimination Claims

1. Misidentifying the Trigger Date

Common errors include:

• Confusing informal discussions with formal decisions
• Assuming time starts when the impact is felt rather than when the act occurs
• Misunderstanding ongoing failures as new acts

The correct trigger date is usually when the decision is made or communicated.

2. Multiple Separate Incidents

Each discriminatory act may have its own limitation period unless a continuing act is established.

3. Delay Due to Health Condition

A disability or health condition does not automatically pause the limitation period. The tribunal clock continues to run.

4. Workplace Adjustments Negotiations

Ongoing discussions about adjustments do not stop the limitation period unless they amount to a continuing act of discrimination.

Consequences of Missing the Time Limit

If a disability discrimination claim is submitted late:

• The tribunal may strike it out
• The respondent can apply to dismiss the claim
• The claimant must rely on the tribunal's discretion to extend time
• Even strong claims may fail on procedural grounds

Tribunals place significant weight on compliance with limitation rules.

Practical Summary

• Disability discrimination claims must usually be brought within 3 months minus 1 day
• Time runs from the discriminatory act or last act in a continuing course
• ACAS Early Conciliation pauses the limitation period
• Internal grievances do not affect tribunal deadlines
• Continuing acts may extend the limitation start date in some cases
• Tribunals may extend time only where it is just and equitable

Final Thoughts

Disability discrimination limitation period rules are strictly applied in the Employment Tribunal. While the Equality Act 2010 provides strong protections for disabled individuals, procedural deadlines are decisive. Correctly identifying the start of the limitation period and acting promptly within the three-month timeframe are essential to preserving a claim.