Limitation Period for Harassment Claims (Employment Tribunal)

Harassment claims in the Employment Tribunal in England and Wales are brought under the Equality Act 2010, which treats harassment as a form of unlawful discrimination linked to a protected characteristic such as sex, race, disability, age, religion or belief, or sexual orientation.

These claims are subject to strict time limits. In most cases, a harassment claim must be presented within three months less one day from the date of the alleged conduct. However, the rules are more complex where harassment occurs over time, where there are multiple incidents, or where ACAS Early Conciliation affects the limitation period.

This article explains how limitation periods apply specifically to harassment claims, including how tribunals determine start dates, continuing conduct, and extensions of time.

Legal Framework for Harassment Claims

The legal basis for harassment claims is found in:

• Equality Act 2010, section 26 (definition of harassment)
• Equality Act 2010, section 123 (limitation periods)

Harassment is defined as unwanted conduct related to a protected characteristic that has the purpose or effect of:

• Violating dignity, or
• Creating an intimidating, hostile, degrading, humiliating or offensive environment

Limitation rules apply in the same way as other discrimination claims, but harassment cases often involve repeated conduct, making timing disputes more complex.

Standard Limitation Period for Harassment Claims

The general rule is:

3 months less 1 day

This applies to:

• Workplace harassment by colleagues or managers
• Harassment during recruitment
• Harassment leading to dismissal or resignation
• Harassment continuing over a period of time

The time limit applies to Employment Tribunal claims under the Equality Act 2010.

When Time Starts in Harassment Cases

The start date depends on the structure of the harassment.

1. Single incident harassment

If harassment occurs as a one-off event, time runs from the date of that incident.

Examples:

• A single discriminatory remark
• One incident of unwanted physical conduct
• A single written or verbal abusive communication

2. Repeated harassment (most common scenario)

Where harassment occurs repeatedly, tribunals may treat it as a continuing act.

In such cases:

• Time runs from the last act in the series
• Earlier incidents may still be included in the claim

Examples include:

• Repeated unwanted comments over several months
• Ongoing bullying linked to a protected characteristic
• Persistent offensive behaviour in the workplace

3. Isolated acts within a broader context

Tribunals may separate incidents if:

• They are not sufficiently connected
• They involve different decision-makers or circumstances
• There are long gaps between events

Each act may then have its own limitation period.

Continuing Act Principle in Harassment Claims

Harassment claims frequently rely on the continuing act doctrine under section 123(3)(a) Equality Act 2010.

Where conduct extends over a period:

• It is treated as occurring at the end of that period
• The limitation period runs from the final act

Why this matters in harassment cases

Harassment is often:

• Ongoing
• Cumulative in effect
• Composed of multiple related incidents

If accepted as a continuing act, earlier events remain actionable even if they occurred outside the normal limitation period.

ACAS Early Conciliation and Harassment Claims

Before issuing a harassment claim, the claimant must usually notify ACAS and participate in Early Conciliation.

Effect on limitation periods

• Time is paused when ACAS is notified
• Time resumes when the Early Conciliation Certificate is issued
• The pause applies to the harassment limitation period

Important limitation

ACAS does not:

• Restart the limitation period
• Extend time if the claim was already out of time before notification

Failure to Bring a Claim in Time

If a harassment claim is filed late:

• It is treated as out of time
• The tribunal may refuse to hear it

However, the claimant may still rely on:

“Just and equitable” extension

Under section 123(1)(b) Equality Act 2010, tribunals may extend time if it is fair to do so.

Factors include:

• Length of delay
• Reason for delay
• Impact on evidence and witnesses
• Prejudice to the respondent
• Overall fairness

Extensions are discretionary and not guaranteed.

Common Limitation Disputes in Harassment Claims

1. Identifying the last act

Tribunals must determine:

• When the harassment ended
• Whether later conduct forms part of the same pattern

2. Distinguishing harassment from other conduct

Not all workplace conflict amounts to harassment. If conduct is unrelated, limitation runs separately.

3. Characterising behaviour as continuing

A key issue is whether incidents are:

• A single course of harassment
• Or separate isolated events

4. Delay due to internal complaints

Internal grievance processes do not pause limitation periods.

Practical Examples

Example 1: Continuing harassment

• Offensive comments: January–April
• Last incident: 10 April
• Time runs from 10 April

Example 2: Separate acts

• Incident 1: January
• Incident 2: June (unrelated disciplinary decision)
• Each has separate limitation periods

Example 3: Late claim

• Harassment ends in March
• Claim filed in August
• Likely out of time unless extension granted

Evidence and Limitation Issues

Tribunals consider evidence when assessing timing:

• Emails, messages, or recordings showing ongoing conduct
• Witness statements confirming repeated behaviour
• HR records showing formal complaints or investigations

Evidence can support a continuing act argument, which is often decisive in harassment cases.

Key Risks in Harassment Limitation Cases

• Missing the 3-month deadline
• Misidentifying the final act
• Failing to notify ACAS in time
• Assuming internal complaints extend deadlines
• Losing the ability to include earlier incidents

Harassment claims are particularly vulnerable to limitation disputes due to their often ongoing nature.

Key Takeaways

The limitation period for harassment claims in the Employment Tribunal is generally three months less one day from the date of the act. However, where harassment occurs over time, tribunals may treat it as a continuing act, meaning time runs from the last incident in the series. ACAS Early Conciliation pauses but does not restart limitation periods, and late claims may only proceed if an extension is granted on a just and equitable basis. Correct identification of timing is essential, as limitation issues frequently determine whether a harassment claim can proceed.