What Is the Limitation Period for a Redundancy Discrimination Claim?

A redundancy discrimination claim arises where an employee believes they were selected for redundancy or treated unfairly during a redundancy process because of a protected characteristic. These claims are brought under the Equality Act 2010 and may include direct discrimination, indirect discrimination, harassment, or victimisation connected to redundancy.

In England and Wales, strict time limits apply to employment tribunal claims. These limitation periods are crucial because missing them usually prevents the claim from being heard, regardless of its merits.

This guide explains the limitation period for redundancy discrimination claims, how it is calculated, how ACAS Early Conciliation affects deadlines, and when limited extensions may apply.

What Is a Redundancy Discrimination Claim?

A redundancy discrimination claim occurs when redundancy selection or treatment is influenced by a protected characteristic, such as:

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

Examples include:

• Selecting an employee for redundancy due to pregnancy or maternity leave
• Applying selection criteria that disadvantage disabled employees without justification
• Targeting older workers during restructuring
• Penalising employees for part-time or flexible working patterns linked to sex discrimination

These claims are brought under the Equality Act 2010 and are separate from unfair dismissal claims, although they often arise from the same redundancy process.

Standard Limitation Period

The general time limit for bringing a redundancy discrimination claim is:

3 months minus one day

This applies to most Equality Act 2010 claims in employment tribunals.

The time limit runs from the date of the discriminatory act or the last act in a continuing series of discrimination.

When the Time Limit Starts

The starting point depends on the type of discrimination:

1. Single act discrimination

The clock starts on the date of the discriminatory decision, such as:

• Being selected for redundancy
• Being dismissed
• Receiving discriminatory scoring outcomes

2. Continuing discrimination

If discrimination occurs over time, the limitation period may run from the last act in the series, for example:

• Ongoing unfair scoring during consultation
• Repeated exclusion from alternative roles

3. Failure to act

In some cases, the time runs from when the employer should have acted but failed to do so.

Correctly identifying the start date is essential because tribunals apply limitation rules strictly.

ACAS Early Conciliation and Time Extension

Before issuing a tribunal claim, the claimant must usually engage in ACAS Early Conciliation.

This affects the limitation period because:

• The limitation clock is paused during conciliation
• The clock resumes when ACAS issues a certificate
• The deadline is extended by the duration of the conciliation process

This adjustment ensures claimants are not disadvantaged by mandatory settlement discussions.

How Tribunals Calculate the Deadline

The limitation period is calculated as follows:

1. Identify the discriminatory act or termination date
2. Add three calendar months
3. Subtract one day
4. Adjust for ACAS Early Conciliation suspension period

Example:

• Discriminatory redundancy decision: 15 January
• Limitation date: 14 April (subject to ACAS adjustment)

Exceptions to the Limitation Period

Employment tribunals have discretion to extend time limits, but only in limited circumstances.

1. Just and equitable extension

Under the Equality Act 2010, tribunals may extend time if it is “just and equitable” to do so.

Factors considered include:

• Reasons for delay
• Length of delay
• Prejudice to both parties
• Availability of evidence
• Whether the claimant acted promptly once aware of discrimination

This is more flexible than unfair dismissal time limits but still applied strictly.

2. Continuing discrimination

If discrimination is ongoing, time may run from the last discriminatory act rather than the first.

3. Incapacity or exceptional circumstances

Rarely, serious illness or incapacity may justify delay, but strong evidence is required.

Difference From Unfair Dismissal Limitation Period

Redundancy discrimination claims differ from unfair dismissal claims in important ways:

• Discrimination claims: 3 months minus one day, with “just and equitable” extension possible
• Unfair dismissal claims: 3 months minus one day, with “not reasonably practicable” test for extension

Discrimination claims therefore offer slightly more flexibility, but still require prompt action.

Common Mistakes That Lead to Late Claims

Many claims are rejected because of missed deadlines. Common issues include:

• Assuming internal grievance processes pause the time limit (they do not)
• Misidentifying the date of discrimination
• Waiting for redundancy appeals to conclude
• Delays during settlement discussions with the employer
• Not starting ACAS Early Conciliation early enough

Tribunals place significant weight on strict compliance with limitation rules.

Practical Steps to Protect Time Limits

To preserve the right to bring a redundancy discrimination claim:

Step 1: Identify the discriminatory act

Establish the exact date of the decision or treatment.

Step 2: Start ACAS Early Conciliation

This is mandatory before issuing a tribunal claim.

Step 3: Gather evidence early

This may include:

• Redundancy scoring matrices
• Consultation documents
• Emails and HR correspondence
• Comparator evidence from other employees

Step 4: Track the limitation deadline carefully

Account for ACAS suspension periods and adjust the deadline accordingly.

Evidence and Limitation Strategy

Tribunals assess whether claims are both timely and supported by evidence. Key documentation includes:

• Selection criteria and scoring sheets
• Notes from consultation meetings
• Employment contracts and policies
• Records of protected characteristics being known to the employer
• Witness accounts where relevant

Delays can weaken evidence reliability, which is another reason strict time limits apply.

What Happens If the Deadline Is Missed

If a claim is submitted outside the limitation period:

• The employer can apply to strike it out
• The tribunal will usually refuse to hear the case
• The claimant must rely on extension arguments (if available)

Even strong discrimination claims may fail entirely if submitted late.

Key Takeaways

The limitation period for a redundancy discrimination claim is generally three months minus one day from the date of the discriminatory act or last act in a continuing series. ACAS Early Conciliation pauses the deadline, and tribunals may extend time where it is just and equitable to do so. However, strict time limits apply, and identifying the correct start date and acting promptly is essential to preserving the right to bring a claim under the Equality Act 2010.