This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Detailed guide to extending time limits in employment tribunal cases in England and Wales, explaining when tribunals can extend statutory deadlines, tests applied such as “not reasonably practicable” and “just and equitable”, and practical steps for claimants facing late claims.
Employment tribunal claims in England and Wales are subject to strict statutory time limits. For most claim types, these limits are short - typically three months minus one day from when the relevant act occurred - and failure to bring a claim within that period will ordinarily prevent the tribunal from hearing it. However, there are very limited circumstances in which a tribunal may extend those limits. This article explains when extensions are possible, how they work, the legal tests applied and practical considerations for claimants and employers.
Why Time Limits Matter
Time limits serve important policy purposes: they encourage early resolution of workplace disputes, ensure evidence is recent and reliable, and promote certainty for employers and employees alike. Most tribunal claims - such as unfair dismissal, discrimination, unlawful deductions from wages and breach of contract arising on termination - must be initiated within a statutory period measured from a specified trigger date. Missing that period without a valid extension can result in the claim being dismissed without consideration of its merits.
Basic Time Limits Before Considering Extensions
Under current law, the primary time limits for common employment tribunal claims are:
- Three months minus one day from the date of the act complained of for most claims (such as unfair dismissal, discrimination and unlawful deduction from wages).
- Six months minus one day for a smaller set of claims such as statutory redundancy pay and equal pay.
These limits begin to run from the act complained of (for example, dismissal or an underpayment date) and are often paused temporarily if the claimant notifies the Advisory, Conciliation and Arbitration Service (Acas) and undergoes early conciliation within the primary deadline.
When Tribunals Can Extend Time Limits
In a limited number of situations, employment tribunals have statutory discretion to extend time limits. Extensions are the exception rather than the rule, and tribunals analyse each request carefully before granting relief.
1. “Not Reasonably Practicable” Test
For certain claims - notably unfair dismissal and some other employment rights claims - the tribunal may extend the time limit if it is satisfied that it was not reasonably practicable for the claimant to present the claim within the statutory period. This test is derived from case law and tribunal practice and has two steps:
- The claimant must show it was genuinely not reasonably practicable to meet the original deadline.
- The claim must have been presented within a further period that the tribunal considers reasonable in all the circumstances once it became practicable to do so.
Examples of factors that may support an extension under this test include serious illness of the claimant or other significant impediments outside the claimant's control. Conversely, matters such as poor advice from a representative or simple forgetfulness ordinarily do not satisfy the test.
The tribunal's assessment is factual and depends on the individual circumstances. A claimant cannot apply in advance for an extension; the application must be made after the deadline has passed and alongside the tribunal claim.
2. “Just and Equitable” Test
In discrimination claims under the Equality Act 2010, the statutory wording gives tribunals broader discretion by allowing an extension if it is just and equitable to do so. This test gives tribunals greater flexibility than the “not reasonably practicable” test, enabling them to consider fairness in the round.
Factors a tribunal might consider under this test include:
- The reason for the delay.
- Whether the respondent (the employer) would suffer prejudice from the extension.
- The merits of the claim and whether the claimant has taken reasonable steps to bring the claim in time.
However, even under this more flexible test, tribunals are cautious and extensions remain exceptional, particularly where the claim would otherwise undermine legal certainty for employers.
Early Conciliation and “Stopping the Clock”
An important procedural consideration is Acas early conciliation. For most tribunal claims, a claimant must notify Acas within the statutory time limit and engage in conciliation before lodging a claim form (ET1). When Acas is notified in time, the statutory clock stops running from the date of notification until the early conciliation process ends. This effectively gives extra time beyond the original deadline to submit the claim once the Acas certificate is issued.
Recent reforms extending the early conciliation window from six weeks up to 12 weeks (for notifications from 1 December 2025) will lengthen the period during which time limits can be paused, offering claimants more breathing space to explore settlement without losing their statutory window to claim.
Good Practical Example: Serious Illness
A worker who suffers a debilitating medical condition shortly before a claim deadline may be unable to initiate a tribunal claim in time. If that worker only recovers after the statutory period has ended, they may apply to extend the time limit on the basis that it was not reasonably practicable to bring the claim earlier. The tribunal may consider extending time if the onset, severity and recovery period together justify it and the claim is lodged promptly once practicable.
Practical Considerations
- Act within primary deadlines where possible: Extensions are not guaranteed and the safest strategy is to begin early conciliation and submit claims within statutory limits.
- Document reasons for delay: If there is a significant reason why the claim could not be lodged on time, clear evidence such as medical reports or contemporaneous records strengthens an extension application.
- Understand differing tests: Unfair dismissal and most statutory rights claims use the “not reasonably practicable” test, while discrimination uses the broader “just and equitable” test.
- Seek advice early: Because time limit extensions are fact‑specific and technically complex, early legal or advisory support increases the chance of a successful application where needed.
Key Takeaways
Employment tribunals enforce strict time limits for claims, but they have limited discretion to extend those limits when it would be appropriate to do so. Extensions are only available if a claimant shows it was not reasonably practicable to comply with the deadline (for most claims) or, in discrimination cases, if it is just and equitable to extend time. The early conciliation process with Acas also effectively extends deadlines by pausing the statutory clock. Because extensions are exceptional and tests are stringent, claimants should take steps to pursue claims within the original time limits wherever possible.
