Limitation Period for ET1 Submission in Dismissal Related Cases

An ET1 form is the formal document used to start a claim in the Employment Tribunal in England and Wales. In dismissal-related cases, strict time limits apply to when an ET1 must be submitted. These deadlines are enforced strictly, and missing them will usually prevent a claim from proceeding unless a limited extension applies.

Dismissal-related claims commonly include unfair dismissal, wrongful dismissal, constructive dismissal, and certain discrimination claims. Although these claims differ in legal basis, they often share similar limitation rules, particularly the general three-month tribunal deadline.

What Is an ET1 Claim?

An ET1 is the prescribed form used to initiate proceedings in the Employment Tribunal. It sets out:

• The claimant's details
• The respondent (employer) details
• The legal basis of the claim
• Key facts supporting the complaint
• The remedy sought (for example compensation)

A claim is only considered “brought” when the ET1 is received by the tribunal within the applicable time limit, subject to ACAS Early Conciliation rules.

Core Limitation Rule for Dismissal-Related ET1 Claims

General Time Limit

Most dismissal-related claims must be submitted within:

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

This applies to:

• Unfair dismissal
• Constructive dismissal
• Wrongful dismissal (where brought in the tribunal)
• Most breach of contract claims linked to termination
• Discrimination claims arising from dismissal (subject to additional rules)

What Is the Effective Date of Termination (EDT)?

The EDT is the legal starting point for calculating limitation periods.

It is usually:

• The last day the employee actually works, or
• The end of the notice period (if notice is worked or paid in lieu), or
• The date of immediate dismissal (summary dismissal for gross misconduct)

The EDT is not extended by:

• Internal disciplinary appeals
• Grievance procedures
• Ongoing settlement discussions
• Sickness absence after dismissal

ACAS Early Conciliation and Its Effect on Time Limits

Before submitting an ET1, most claimants must notify ACAS and go through Early Conciliation.

How It Affects Limitation

• The limitation clock is paused when ACAS Early Conciliation starts
• It remains paused for the duration of the process
• A new time period is added after the ACAS certificate is issued

This ensures claimants are not disadvantaged by mandatory conciliation requirements.

Key Limitation Risk

A common issue is miscalculating the deadline after conciliation. The ET1 must still be filed within the adjusted time limit, not simply three months from dismissal.

Time Limits by Type of Dismissal-Related Claim

1. Unfair Dismissal

• 3 months less one day from EDT
• Must usually include ACAS Early Conciliation before filing ET1

2. Constructive Dismissal

• Same limitation rule as unfair dismissal
• Time runs from resignation date (treated as EDT in law)

3. Wrongful Dismissal (Tribunal Route)

• Subject to the same 3-month limitation if within tribunal jurisdiction
• Many claims exceed tribunal limits and must be brought in civil courts instead

4. Discrimination Claims Linked to Dismissal

• Also subject to 3 months less one day
• Tribunal may extend time where it is “just and equitable”, but this is discretionary and strictly applied

Extensions and Exceptions to the Time Limit

Not Reasonably Practicable Test (Unfair Dismissal)

For unfair dismissal claims, late submission may be allowed if:

• It was not reasonably practicable to submit the ET1 in time
• The claim was filed within a reasonable period after that obstacle was removed

This is a high threshold and applied narrowly.

Just and Equitable Extension (Discrimination Claims)

For discrimination-related dismissal claims:

• The tribunal may extend time if it is just and equitable to do so
• Factors include delay reasons, prejudice to both parties, and overall fairness

There is no automatic right to extension.

ACAS Delay Misunderstandings

Late claims are not excused simply because:

• The claimant misunderstood ACAS time rules
• Settlement discussions were ongoing
• Legal advice was delayed or unavailable

Common Errors Leading to Out-of-Time ET1 Claims

1. Miscalculating the EDT

Incorrectly identifying the termination date is one of the most frequent errors.

2. Assuming Internal Appeals Pause Time

Internal processes do not affect the statutory limitation period.

3. Delaying ACAS Notification

Late notification can reduce the remaining time to file an ET1.

4. Assuming Settlement Talks Extend Deadlines

Without formal ACAS involvement, negotiations do not stop the limitation clock.

Practical Step-by-Step Timeline for ET1 Submission

1. Identify the effective date of termination
2. Confirm the type of claim (unfair dismissal, constructive dismissal, etc.)
3. Calculate the initial 3-month less one day deadline
4. Initiate ACAS Early Conciliation before expiry
5. Receive ACAS certificate and adjust deadline accordingly
6. Submit ET1 within the revised limitation period

What Happens If the ET1 Is Late?

If an ET1 is submitted outside the limitation period:

• The tribunal may reject the claim
• A preliminary hearing may be held to determine time issues
• The claimant must prove eligibility for an extension
• If unsuccessful, the claim is struck out without consideration of merits

Importance of Limitation in Dismissal Cases

Time limits are procedural rules, not assessments of claim strength. Even strong dismissal claims can fail entirely if the ET1 is submitted late. Tribunals prioritise procedural compliance to ensure fairness and efficiency in dispute resolution.

Final Thoughts

The limitation period for ET1 submission in dismissal-related cases is generally three months less one day from the effective date of termination, subject to adjustment for ACAS Early Conciliation. This rule applies across unfair dismissal, constructive dismissal, and most related claims, with limited scope for extension.

Accurate identification of the termination date and correct calculation of time limits are essential. While tribunals can extend deadlines in restricted circumstances, these exceptions are applied narrowly, and late claims face a significant risk of being dismissed at a preliminary stage.