Limitation Period for Discrimination Claims (Employment Tribunal)

Claims for workplace discrimination in England and Wales are heard in the Employment Tribunal. These claims are subject to strict time limits (limitation periods). If a claim is presented outside the permitted timeframe, it is likely to be rejected unless an extension is granted in limited circumstances. Understanding the limitation rules is therefore central to assessing whether a discrimination claim can proceed.

Discrimination claims are governed primarily by the Equality Act 2010, with procedural rules determined by Employment Tribunal regulations and associated guidance.

Standard Time Limit for Discrimination Claims

The general rule is that a discrimination claim must be brought within:

3 months less 1 day from the date of the discriminatory act.

This is confirmed in standard tribunal guidance and legal practice across discrimination claims.

The time limit applies to claims involving discrimination on protected characteristics, including:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race
• Religion or belief
• Sex
• Sexual orientation

When the Time Limit Starts

The limitation period normally begins on:

• The date of the discriminatory act, or
• In some cases, the last act in a continuing series of discrimination

This is particularly important where conduct occurs over time (for example, ongoing harassment or repeated disadvantage). In such cases, the tribunal may treat the events as a “continuing act”, meaning time runs from the last incident in the series.

If the discrimination consists of a single event (such as a refusal of promotion or dismissal), the time limit runs from that date.

Continuing Acts of Discrimination

Where discrimination is ongoing, the limitation period may be calculated from the last act in the series rather than the first.

Examples may include:

• Repeated harassment at work
• Ongoing failure to make reasonable adjustments
• A pattern of discriminatory treatment over time

However, tribunals apply this carefully. Not every repeated issue qualifies as a continuing act. Isolated incidents separated by significant time may be treated individually, each with its own limitation period.

ACAS Early Conciliation and “Stopping the Clock”

Before lodging a claim, most claimants must notify ACAS (Advisory, Conciliation and Arbitration Service) and enter Early Conciliation.

This process has a direct impact on limitation periods:

• The limitation clock is paused when ACAS is notified (if still in time)
• The pause lasts until the Early Conciliation Certificate is issued
• The remaining time resumes after the process ends

In many cases, claimants then have:

• At least 1 month from the date of the ACAS certificate to submit the ET1 claim form

The exact calculation can be more complex depending on when notification occurs and how much time remained at the point of conciliation.

If the Time Limit Has Nearly Expired

If a claimant waits until close to the deadline:

• ACAS must still be notified before the limitation period expires for the pause to apply
• If the deadline passes before ACAS notification, the claim is generally already out of time
• Early conciliation does not usually “revive” an expired claim

This makes timing critical.

Extensions of Time (Out-of-Time Claims)

If a discrimination claim is submitted after the limitation period, the tribunal has discretion to allow it in limited circumstances.

The main legal test under the Equality Act 2010 is whether it is “just and equitable” to extend time.

Factors may include:

• Reasons for delay
• Whether the claimant was aware of their rights
• Length of delay
• Prejudice to the respondent
• Whether evidence is still available

Extensions are not automatic and are applied restrictively.

Interaction with Internal Procedures

Internal grievance, disciplinary, or appeal processes do not normally stop or extend the limitation period.

This means:

• A claimant must still comply with the 3-month deadline
• Waiting for internal procedures to finish can result in time expiring
• ACAS early conciliation is the primary mechanism that pauses time

Practical Time Calculation Overview

A typical calculation involves:

1. Identify date of discriminatory act (or last act in series)
2. Add 3 months
3. Subtract 1 day
4. Adjust for ACAS Early Conciliation pause
5. Ensure ET1 is submitted within remaining time or within post-certificate allowance

Errors in calculation are common due to overlapping incidents and conciliation rules.

Common Issues in Limitation Disputes

Tribunals frequently consider disputes about whether a claim is out of time. Common issues include:

• Misidentifying the last act of discrimination
• Treating a continuing situation as separate events
• Starting ACAS too late
• Miscalculating the effect of Early Conciliation
• Delays caused by internal HR processes

Time limits are strictly applied, and late claims often require detailed justification.

Key Risks of Missing the Time Limit

If the limitation period expires:

• The tribunal may refuse to hear the claim
• Evidence may still exist but become legally irrelevant
• Settlement leverage is reduced
• The respondent can rely on limitation as a complete defence

Even strong discrimination cases can fail solely due to being out of time.

Key Takeaways

Discrimination claims in the Employment Tribunal must usually be brought within 3 months less 1 day of the discriminatory act. Where discrimination is ongoing, time may run from the last act in a continuing series. ACAS Early Conciliation can pause the limitation period, but only if it is initiated before the deadline expires. Tribunals have limited discretion to extend time where it is considered just and equitable, but this is not guaranteed. Strict adherence to limitation rules is essential to preserve the right to bring a claim.