What Is the Limitation Period for a Disability-Related Redundancy Claim?

A disability-related redundancy claim typically arises where an employee believes their selection for redundancy, or the process leading to redundancy, was influenced by disability, a failure to make reasonable adjustments, or discriminatory treatment connected to a protected characteristic. These claims are usually brought under the Equality Act 2010 (the “Equality Act 2010”) alongside or instead of an unfair dismissal claim under the Employment Rights Act 1996.

One of the most important procedural issues is time limits. Employment Tribunal claims are strictly time-limited, and missing the deadline can prevent a claim from being heard unless an extension is granted in limited circumstances.

This article explains the limitation period, how it is calculated, and when extensions may apply in disability-related redundancy situations.

Employment Tribunal Time Limits in Disability-Related Redundancy Cases

Standard limitation period: 3 months less 1 day

Most disability-related redundancy claims must be brought within:

• 3 months less 1 day from the relevant act complained of

This applies to claims such as:

• Disability discrimination in redundancy selection
• Failure to make reasonable adjustments during redundancy
• Harassment or victimisation connected to redundancy
• Unfair dismissal arising from redundancy (where included in the claim)

The time limit is calculated from the “effective date of termination” (EDT) for dismissal-related claims, which is usually:

• The last day of employment, or
• The end of the notice period if notice is worked or paid in lieu

For discrimination claims, the clock normally starts from:

• The date of the discriminatory act, or
• The last act in a series of linked discriminatory events

This reflects the general rule applied in Employment Tribunals for most claims.

Redundancy Pay Claims: A Different Time Limit

Not all redundancy-related claims follow the 3-month rule.

Where the claim concerns statutory redundancy pay, the limitation period is:

• 6 months from the date the redundancy payment became due

This is a distinct category and is treated differently because it arises from statutory entitlement rather than dismissal procedure or discrimination law.

Disability Discrimination in Redundancy: Equality Act 2010 Limitation Rules

Claims involving disability discrimination during redundancy are governed by the Equality Act 2010.

The limitation rules are:

• 3 months less 1 day from the date of the discriminatory act, or
• From the last act in a continuing series of discrimination

However, tribunals may extend time where it is considered “just and equitable” to do so.

This means:

• The tribunal has discretion to allow late claims
• The claimant must explain why the claim was not brought in time
• The tribunal balances fairness to both sides

This discretion is applied strictly, and late claims are not automatically accepted.

How ACAS Early Conciliation Affects the Limitation Period

Before lodging a tribunal claim, the claimant must notify ACAS for Early Conciliation.

This process:

• Stops the limitation clock temporarily
• The clock pauses from the date ACAS is notified
• The remaining time resumes after ACAS issues a certificate

In practice, this means the limitation period is extended by the duration of conciliation, but only if ACAS is contacted before the original deadline expires.

What Counts as the “Relevant Date” in Disability Redundancy Claims?

Correctly identifying the start date is critical.

Common starting points include:

1. Redundancy dismissal

• Last day of employment (EDT)

2. Redundancy selection decision

• Date the selection decision was made and communicated

3. Failure to make reasonable adjustments

• Date the employer failed to act
• Or the last date in an ongoing failure

4. Discriminatory treatment during consultation

• Each act may start a separate limitation period, or be treated as part of a continuing act

Continuing Acts in Disability Redundancy Claims

Where discrimination occurs over time (for example, during consultation, selection scoring, or adjustment failures), it may be treated as a continuing act.

If accepted by the tribunal:

• The limitation period runs from the last act in the series
• Earlier events may still be included in the claim

If not accepted:

• Each act has its own 3-month limitation period
• Older events may be excluded

This distinction is often central in disability-related redundancy disputes.

Extensions of Time: When Late Claims May Be Allowed

1. Just and equitable extension (discrimination claims)

For disability discrimination claims under the Equality Act 2010, the tribunal may extend time if it is just and equitable.

Factors may include:

• Length of delay
• Reason for delay
• Impact on evidence and witnesses
• Whether the claimant knew their rights
• Whether the employer would be prejudiced

There is no automatic entitlement to an extension.

2. “Not reasonably practicable” test (unfair dismissal)

For unfair dismissal claims linked to redundancy, late claims may only proceed if it was not reasonably practicable to bring the claim in time, and it was filed promptly afterwards.

This is a stricter test than the discrimination extension.

Interaction Between Disability and Redundancy Claims

A single redundancy situation may give rise to multiple overlapping claims, including:

• Unfair dismissal (Employment Rights Act 1996)
• Disability discrimination (Equality Act 2010)
• Failure to make reasonable adjustments
• Victimisation claims

Each claim may have:

• Different limitation rules
• Different extension tests
• Different starting points

Careful identification of each cause of action is essential when calculating deadlines.

What Happens If the Limitation Period Is Missed?

If a claim is filed late:

• The respondent can apply to strike it out
• The tribunal may reject the claim without hearing evidence
• The claimant must rely on an extension argument

Even where an extension is legally possible, tribunals often apply strict scrutiny.

Practical Steps for Claimants

To manage limitation risk in disability-related redundancy situations:

1. Identify the last relevant act (dismissal, selection, or adjustment failure)
2. Work out the 3-month minus 1 day deadline
3. Notify ACAS before the deadline expires
4. Keep records of all redundancy communications
5. Consider whether multiple acts form a continuing discrimination pattern
6. Prepare to justify any delay if relying on an extension

Key Takeaways

The limitation period for disability-related redundancy claims in the Employment Tribunal is usually 3 months less 1 day from the relevant act, typically dismissal or the discriminatory decision. Statutory redundancy pay claims allow 6 months, while disability discrimination claims may be extended where it is just and equitable. ACAS Early Conciliation pauses the limitation clock, but only if initiated in time. Because tribunals enforce deadlines strictly, identifying the correct start date and acting promptly is critical.