This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Detailed explanation of when the employment tribunal time limit starts running in England and Wales, including dates for unfair dismissal, pay disputes and discrimination claims, how early conciliation affects deadlines, and practical tips for claimants to calculate and comply with statutory timings.
Employment tribunal claims in England and Wales must be lodged within strict statutory time limits. A common reason for a claim being dismissed before it is considered on its merits is missing the deadline. Understanding when the time limit starts running for different types of claims is essential for employees, workers, employers, solicitors and students. This article explains the legal principles, common scenarios, how time limits are calculated, and practical steps to avoid losing rights to bring a claim.
Introduction
Employment tribunals enforce statutory rights such as unfair dismissal, discrimination, unlawful deductions from pay and breach of contract. Most of these rights are subject to strict time limits - typically very short - that begin to run from specific trigger dates linked to the nature of the claim. These limits are set by statute and must be complied with precisely; otherwise, a tribunal may refuse to hear the claim.
Overview of Time Limits
Before discussing when limits start, it helps to understand the general regime:
- Three months minus one day is the standard limitation period for most claims, including unfair dismissal, detriment and unlawful deduction from wages.
- Six months minus one day applies to a smaller category of claims, such as statutory redundancy pay and equal pay.
- Time limits stop running (are paused) once a claimant notifies Acas and undertakes early conciliation within the relevant time limit.
How Time Limits Start Running
The date on which the time limit begins to run depends on the type of claim being made. The following sections explain these key starting points in clear, practical terms.
Unfair Dismissal Claims
For unfair dismissal and automatically unfair dismissal (for example, whistleblowing or pregnancy related), the time limit runs from the effective date of termination (EDT). The EDT is usually:
- the last day of employment where notice was not given;
- the date the notice period ends where notice was given; or
- the date of dismissal where pay in lieu of notice was paid.
For example, if an employee's last working day was 10 May, the standard three‑month time limit starts on 10 May and expires three months minus one day later.
Unlawful Deductions from Wages
In a claim for unlawful deduction from pay, the limitation period begins from the date the deduction was made. If a series of deductions have occurred, the time limit will normally start from the latest deduction included in the claim.
For example, if wages were underpaid on 1 June, the three‑month time limit begins from 1 June and runs until just before 1 September.
Discrimination and Other Acts
In cases of discrimination, victimisation or other detriments, time limits generally run from the date of the act complained of. Where there is a series of linked acts, the time limit usually starts from the last act in the series. Determining whether a set of events constitutes a series can be complex and often requires legal analysis.
Redundancy‑Related Pay and Equal Pay
Certain claims have longer time frames. For statutory redundancy pay, the limitation period starts running from the relevant date of termination (usually the end of employment) and is six months minus one day.
Similarly, equal pay claims often start from the date the employment ended or the date of a relevant pay decision and also attract a six‑month time limit under tribunal jurisdiction.
Interaction with Acas Early Conciliation
A mandatory step before issuing an employment tribunal claim is notifying Acas of the claimant's intention to pursue a claim and engaging in early conciliation. If this notification is made within the statutory time limit, the limitation period is paused while early conciliation takes place.
Once early conciliation ends and an Acas certificate is issued, the claimant normally has at least one month from the date of the certificate to submit the claim to the tribunal. Pausing is beneficial because it prevents the statutory time limit from running while settlement discussions are underway.
Example: If a claimant notifies Acas on day 75 of a three‑month period and early conciliation lasts 30 days, the statutory clock stops on day 75 and recommences after the early conciliation certificate date, giving the claimant the remaining statutory time plus one month to file a claim.
Why Accurate Calculation Matters
Time limits are strictly enforced. Unless narrowly defined exceptions apply (for example, where a claimant shows it was not “reasonably practicable” to claim in time or the tribunal deems it just and equitable to allow a late claim), a claim lodged outside the appropriate deadline will usually be rejected.
In addition, internal procedures such as grievances or appeals do not affect the statutory starting point. The clock runs from the designated event date regardless of internal processes.
Common Scenarios and Time Limit Start Dates
| Claim Type | When Time Limit Starts |
|---|---|
| Unfair Dismissal | Effective date of termination (EDT) |
| Unlawful Deductions from Wages | Date of last alleged deduction |
| Discrimination / Victimisation | Date of last discriminatory act |
| Statutory Redundancy Pay | Date of termination (relevant date) |
| Equal Pay | Last relevant pay decision or termination |
Practical Guidance on Calculating Start Dates
- Document the event date: Always note the precise date on which the act complained of occurred, such as dismissal, underpayment or discriminatory treatment.
- Begin early conciliation promptly: Notify Acas within the initial statutory limit to ensure your statutory time limit is paused while conciliation proceeds.
- Get the Acas certificate: After early conciliation, count your remaining time carefully and lodge the tribunal claim before the extended deadline expires.
- Seek clarity on multi‑incident claims: In complex matters involving multiple related acts, seek advice to identify the correct “last act” that starts the time limit.
Key Takeaways
The time limit for an employment tribunal claim normally begins to run from the date of the event that gave rise to the dispute. For most claims such as unfair dismissal, unlawful deductions and discrimination, that period is three months minus one day from the relevant trigger date - typically the effective date of termination or the date of the act complained of. Some claims have a six‑month limit. Time limits are paused during the mandatory early conciliation process with Acas if notification is made within the statutory time frame. Accurate calculation of the start date is critical, as tribunals strictly enforce deadlines and rarely allow late claims except in exceptional circumstances.
