When Limitation Period Starts in Discrimination Claims (Employment Tribunal)

Discrimination claims brought under the Equality Act 2010 must be submitted to the Employment Tribunal within strict time limits. A central issue in many cases is identifying when the limitation period starts, because the start date determines whether a claim is in time or potentially out of time.

The general rule is that time begins running from the date of the “act” complained of. However, statutory provisions and case law recognise that discrimination can occur as a single event, a continuing course of conduct, or a failure to act over time. These distinctions are critical in determining the correct start date.

The legal framework is primarily set out in section 123 of the Equality Act 2010, which provides that claims must usually be brought within three months of the act complained of, subject to extensions where it is just and equitable.

Statutory Starting Point: The “Act Complained Of”

Under section 123 Equality Act 2010, the limitation period generally begins:

• On the date of the discriminatory act, or
• At the end of a period of conduct where discrimination occurs over time

This creates three main starting points in practice:

1. A single identifiable act
2. A continuing course of conduct
3. A deemed date for omissions or failures to act

The correct classification determines when time starts to run.

Single Act of Discrimination

Where discrimination occurs as a one-off event, time runs from the date the act happened.

Typical examples include:

• Refusal of promotion
• Discriminatory dismissal decision
• A single incident of harassment
• A job application rejection based on a protected characteristic

The limitation period starts on the actual date of the decision or behaviour, not when the consequences are later felt by the claimant.

Courts and tribunals generally treat the “act” as the decision or conduct itself, even if the impact becomes apparent later.

Conduct Extending Over a Period (Continuing Acts)

Section 123(3)(a) Equality Act 2010 provides that:

Conduct extending over a period is treated as done at the end of that period.

This is known as the continuing act doctrine.

What this means in practice

If discriminatory behaviour is ongoing, the limitation period starts from:

• The last act in the series, not the first

Examples include:

• Ongoing workplace harassment
• Repeated refusal to make reasonable adjustments
• A continuing discriminatory policy applied repeatedly
• A disciplinary process or investigation involving repeated discriminatory steps

Legal importance

This rule prevents employers from avoiding liability by spreading conduct over time. However, tribunals scrutinise carefully whether incidents are genuinely linked or simply separate events.

Case law shows that:

• A structured disciplinary process or ongoing policy can sometimes qualify as a continuing act
• Isolated incidents separated by time are usually treated individually

Failures to Act (Omissions)

Section 123(3)(b) Equality Act 2010 states that:

Failure to do something is treated as occurring when the person decided on it.

This is particularly important in discrimination cases involving inaction.

How tribunals determine the start date

A failure to act is treated as occurring:

• When a decision was made not to act, or
• When the employer should reasonably have acted but did not

If there is no clear decision, the law may deem the failure to occur when it became clear the employer would not act.

Common examples:

• Failure to implement reasonable adjustments for a disabled employee
• Failure to investigate a discrimination complaint
• Failure to promote or review pay where required
• Ongoing refusal to correct discriminatory treatment

Each day of continued inaction may not restart time unless it forms a continuing act.

Hidden or Delayed Knowledge of Discrimination

In most discrimination claims:

• The limitation period is not delayed simply because the claimant did not immediately realise discrimination occurred

Time normally runs from the act itself, not discovery.

However:

• Lack of knowledge may be relevant when asking the tribunal to extend time on a “just and equitable” basis
• It may also support arguments about continuing acts where information is deliberately concealed

Tribunals may consider concealment when assessing fairness, but it does not automatically change the start date.

Impact of Internal Processes on Start Date

Internal procedures do not generally affect when time starts.

This includes:

• Grievance procedures
• HR investigations
• Appeals or disciplinary hearings

The limitation period continues to run regardless of internal steps unless there is a new discriminatory act during the process.

However, if new discriminatory conduct occurs during a grievance or disciplinary process, it may:

• Create a fresh start date
• Or extend an existing continuing act

ACAS Early Conciliation and Start of Limitation Period

ACAS Early Conciliation does not change when time starts.

Instead:

• It pauses (suspends) the running of time after notification
• It does not reset the limitation period
• It does not create a new start date

The start date remains the date of the discriminatory act or last act in a continuing series.

Key Tribunal Approaches to Determining the Start Date

Tribunals focus on the factual reality of events rather than labels.

Key questions include:

• Was there a single identifiable act?
• Were events linked by a common policy or pattern?
• Was there ongoing inaction or repeated refusal?
• Was there a final act bringing a course of conduct to an end?

The answer determines when limitation begins.

Common Errors in Identifying the Start Date

1. Treating consequences as the start date

The clock usually starts at the act, not when harm is discovered.

2. Splitting a continuing course of conduct incorrectly

Linked incidents may be treated as one continuing act.

3. Ignoring ongoing omissions

A failure to act may continue until the employer changes position or acts.

4. Assuming grievance processes reset time

They do not, unless new discrimination occurs.

Why the Start Date Is Legally Significant

Incorrect identification of the start date can result in:

• Claims being struck out as out of time
• Loss of the right to pursue discrimination compensation
• Reduced scope of evidence being considered
• Reliance by the employer on limitation as a full defence

Tribunals often determine limitation issues before considering the merits of the claim.

Key Takeaways

The limitation period for discrimination claims normally starts on the date of the discriminatory act. Where discrimination occurs over time, the start date may be the last act in a continuing course of conduct. For failures to act, time runs from when the decision not to act is made or deemed to be made under statutory rules. Internal procedures and lack of awareness do not usually change the start date, although they may be relevant to extensions of time. Correct identification of the start date is essential to determining whether a discrimination claim is in time.