Limitation Period for Claims After Failure to Follow Disciplinary Procedure

Failure by an employer to follow a fair disciplinary procedure is a central issue in many employment disputes, particularly in cases involving dismissal for misconduct or poor performance. In England and Wales, such failures are assessed primarily through unfair dismissal claims, although related claims may also arise under breach of contract or discrimination law depending on the circumstances.

A key issue in all employment claims is limitation. Strict time limits apply, and tribunals enforce them rigorously. The fact that a disciplinary procedure was not followed does not extend or alter these deadlines. Understanding how limitation periods operate is essential when assessing whether a claim can still be brought.

Disciplinary Procedure and Employment Law Context

Employers are expected to follow a fair disciplinary process before dismissing an employee. This requirement is derived from:

• The Employment Rights Act 1996 (ERA 1996), particularly the test of fairness under section 98(4)
• The ACAS Code of Practice on Disciplinary and Grievance Procedures 2015
• Established case law on procedural fairness in dismissal decisions

Failure to follow a disciplinary procedure may render a dismissal unfair, even where a potentially valid reason exists (such as misconduct or capability issues). However, the procedural failure itself does not create a separate standalone limitation regime.

Types of Legal Claims Linked to Disciplinary Failures

Where disciplinary procedures are not followed properly, claims may include:

1. Unfair Dismissal

This is the most common claim. It focuses on whether the employer acted reasonably, including whether a fair procedure was followed.

2. Wrongful Dismissal (Breach of Contract)

This concerns contractual breaches, such as:

• Failure to follow a contractually binding disciplinary procedure
• Failure to provide proper notice or pay in lieu of notice

3. Discrimination Claims

If procedural failures are linked to a protected characteristic (for example, race, disability, or sex), claims may arise under the Equality Act 2010.

Each claim type has different limitation rules.

Limitation Period for Employment Tribunal Claims

General Rule: 3 Months Less One Day

Most employment tribunal claims, including unfair dismissal, must be brought within:

• 3 months less one day from the effective date of termination (EDT)

The EDT is usually:

• The last day of employment, or
• The end of the notice period, or
• The date of immediate dismissal

This time limit applies regardless of whether a disciplinary procedure was properly followed or not.

Key Point: Disciplinary Failures Do Not Extend Time Limits

A common misunderstanding is that ongoing grievances, disciplinary appeals, or procedural complaints extend the limitation period. This is incorrect.

• Internal disciplinary or appeal processes do not pause or extend the tribunal deadline
• Employers and employees may continue internal processes, but the legal time limit still runs independently
• Failure to follow a disciplinary procedure is relevant to fairness, not limitation

The Acas framework confirms that internal procedures do not change tribunal time limits

ACAS Early Conciliation and Time Limits

Before issuing a tribunal claim, most claimants must notify Acas and engage in Early Conciliation.

Key rules:

• Early Conciliation pauses (stops) the limitation clock
• The clock resumes after the Acas certificate is issued
• Claimants then receive additional time depending on the paused period

However:

• Early Conciliation does not revive an already expired claim
• It does not extend time beyond statutory limits where the claim was already out of time

Wrongful Dismissal and Contract Claims

Where disciplinary procedures are contractually binding, failure to follow them may give rise to a breach of contract claim.

Limitation Period

• 6 years from the date of breach (civil courts) under the Limitation Act 1980
• In limited cases within tribunal jurisdiction: 3 months less one day from termination

Most breach of disciplinary procedure claims relating to dismissal are pursued as:

• Wrongful dismissal in civil courts (longer limitation period), or
• Part of an unfair dismissal claim in the tribunal

Compensation Uplift for Breach of ACAS Code

While failure to follow disciplinary procedures does not change limitation rules, it can affect compensation.

Where an employer unreasonably fails to follow the ACAS Code:

• Tribunal compensation may be increased by up to 25%
• Conversely, unreasonable employee failure may reduce compensation

This uplift applies only to successful claims and does not extend the time limit for bringing them.

Late Claims and Tribunal Discretion

If a claim is submitted after the limitation period, the tribunal may consider whether to allow it in limited circumstances.

Unfair Dismissal Claims

• The claimant must show it was not reasonably practicable to bring the claim in time
• Tribunals interpret this test strictly

Discrimination Claims (if applicable)

• The tribunal may extend time where it is just and equitable to do so
• This is discretionary and fact-specific

Procedural errors by the employer do not automatically justify an extension.

Practical Issues That Commonly Affect Time Limits

1. Internal Disciplinary Appeals

These do not pause limitation periods.

2. Ongoing Grievances

Do not affect the tribunal deadline.

3. Misunderstanding the EDT

Time runs from termination, not from the end of internal processes.

4. Delayed ACAS Notification

If ACAS is notified after the deadline, early conciliation cannot restart time.

Step-by-Step Overview of Time Limit Assessment

1. Identify the effective date of termination
2. Determine claim type (unfair dismissal, breach of contract, discrimination)
3. Apply the correct limitation period (usually 3 months less one day)
4. Account for ACAS Early Conciliation pause
5. Confirm whether any extension grounds apply
6. Ensure ET1 submission before final deadline

Final Thoughts

Failure to follow a disciplinary procedure is highly relevant to the fairness of a dismissal, but it does not alter legal time limits. Most Employment Tribunal claims must be brought within three months less one day of termination, regardless of ongoing internal processes. ACAS Early Conciliation temporarily pauses this period, but it does not extend expired deadlines.

In limited cases, breach of disciplinary procedure may also support a contractual claim in civil courts, which has a longer six-year limitation period. However, strict procedural compliance with tribunal deadlines remains essential, as tribunals rarely permit late claims.