What Is the Limitation Period for Discrimination Claims at Work?

Discrimination claims in the workplace in England and Wales must be brought within strict statutory time limits set by employment tribunal rules under the Equality Act 2010. These limits are short, strictly applied, and frequently determine whether a claim can proceed at all.

The limitation period is particularly important because discrimination often develops over time or involves multiple incidents. The law therefore includes specific rules on timing, including extensions for continuing acts and adjustments for ACAS Early Conciliation.

Standard Time Limit for Workplace Discrimination Claims

The general limitation period is:

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

This applies to claims brought under the Equality Act 2010, including discrimination based on protected characteristics such as:

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

When the time limit starts

The starting point depends on the nature of the claim:

• Single act of discrimination: from the date the act occurred
• Dismissal-related discrimination: from the effective date of termination
• Series of acts: from the last act in the series
• Ongoing conduct: from the end of the continuing course of conduct

Where discrimination occurs over time, tribunals may treat it as a “continuing act”, which can shift the start date to the final incident in the series.

Continuing Acts and Ongoing Discrimination

Discrimination claims often involve repeated behaviour rather than a single event.

Examples include:

• Repeated failure to make reasonable adjustments
• Ongoing harassment
• Continued unequal treatment over a period

In such cases, the tribunal may treat all incidents as one continuing act. The limitation period then runs from the last act in the series rather than the first.

However, if incidents are considered separate and unconnected, each act has its own limitation period. This distinction is fact-sensitive and frequently contested in tribunal proceedings.

Requirement to Use ACAS Early Conciliation

Before issuing a discrimination claim, the claimant must notify ACAS and engage in Early Conciliation in most cases.

This is a mandatory pre-claim step. A tribunal claim cannot proceed without an ACAS Early Conciliation certificate.

How ACAS Early Conciliation Affects Time Limits

ACAS Early Conciliation temporarily suspends the limitation period.

The rules operate as follows:

• The time limit is paused when ACAS is notified
• The pause continues while Early Conciliation takes place
• The clock resumes when ACAS issues an Early Conciliation certificate

This ensures claimants are not penalised for attempting settlement before tribunal proceedings.

Minimum time after ACAS certificate

Once the certificate is issued:

• A claimant generally has at least 1 month from the certificate date to present the claim if time would otherwise have expired during conciliation

This prevents a claim from becoming time-barred immediately after conciliation ends.

Extension of Time in Discrimination Claims

Discrimination claims have an additional legal feature not available in most employment claims:

“Just and equitable” extension

Tribunals have discretion to extend time where it is just and equitable to do so under section 123 of the Equality Act 2010.

This is a broad but strictly applied discretion.

Factors tribunals may consider include:

• Length and reason for delay
• Whether the claimant was aware of the discrimination
• Whether evidence is still available
• Prejudice to the respondent
• Steps taken by the claimant during the delay

Even where this discretion exists, late claims are not automatically accepted.

Common Time Limit Issues in Discrimination Cases

1. Misidentifying the date of discrimination

The limitation period depends on the specific act complained of, which can be complex where conduct spans time.

2. Internal grievance procedures

Internal complaints, appeals, or investigations do not stop or extend the limitation period.

3. Continuing discrimination disputes

Whether conduct is a “series of acts” or separate events often becomes a central legal issue.

4. ACAS timing errors

ACAS must be contacted before the original limitation period expires to benefit from the pause in time.

5. Delay after ACAS certificate

Even after conciliation, the claim must still be submitted promptly within the adjusted deadline.

Tribunal Claim Process Overview

A typical discrimination claim follows these steps:

1. Identify discriminatory act(s) and relevant dates
2. Calculate the 3-month minus 1-day limitation period
3. Notify ACAS for Early Conciliation
4. Receive ACAS certificate
5. Submit ET1 claim form to the employment tribunal
6. Tribunal assesses whether claim is in time (if disputed)

Consequences of Missing the Deadline

If a discrimination claim is filed late:

• The tribunal may reject the claim
• The claimant must rely on “just and equitable” extension arguments
• Success is not guaranteed, even with strong merits

Time limit disputes are often decided at preliminary hearings and can prevent full consideration of the case.

Practical Considerations

To reduce risk of a claim becoming time-barred:

• Identify the earliest possible discriminatory act
• Treat ongoing issues as potentially separate time limits
• Start ACAS Early Conciliation well before the deadline
• Avoid relying on internal processes to preserve time
• Submit claims as early as practicable once the ACAS certificate is issued

Key Takeaways

The limitation period for discrimination claims in the workplace is generally 3 months minus 1 day from the discriminatory act, subject to rules on continuing conduct and ACAS Early Conciliation. Tribunals also have discretion to extend time where it is just and equitable, but this is applied carefully. ACAS pauses the limitation clock, but only if contacted in time. Missing the deadline can prevent a claim from being heard entirely.