Employment Tribunal Time Limits

Employment tribunal claims are subject to strict deadlines. In most cases, you must submit your claim within 3 months less 1 day of the incident or your last day of work. Missing the deadline can mean losing your right to bring a claim entirely. This guide explains the time limits for different types of claims, how to calculate your deadline accurately, and what happens if you contact ACAS for early conciliation.

Last updated: 14 February 2026
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Quick Reference

Most claims
3 months less 1 day
Redundancy pay
6 months
Equal pay
6 months
ACAS extension
Pauses the clock

Time Limits by Claim Type

Essential
Unfair/Constructive/Wrongful Dismissal
3 months less 1 day from the effective date of termination. The effective date is usually your last day of work, or the end of your notice period if you worked your notice.
Essential
Discrimination
3 months less 1 day from the last discriminatory act. If there is a continuing act of discrimination (a series of related acts), the time runs from the date of the last act in the series.
Essential
Unlawful Deduction from Wages
3 months less 1 day from the date of the deduction. If there is a series of deductions, the time runs from the date of the last deduction in the series.
Essential
Whistleblowing
3 months less 1 day from the date of the act complained of, or from the date of the deliberate failure to act. This applies to detriment claims and dismissal claims related to whistleblowing.
Important
Redundancy Pay
6 months from the relevant date. This is significantly longer than most other employment claims. The relevant date is usually the date your employment ended.
Helpful
After October 2026
The Employment Rights Act 2025 extends most time limits from 3 months to 6 months. This applies to claims arising on or after October 2026. Current rules still apply until then.

How to Calculate Your Deadline

1

Identify the relevant date

For dismissal claims, this is your effective date of termination (usually your last day of work or the end of your notice period). For discrimination, it is the date of the last discriminatory act. For wages claims, it is the date of the deduction or the last in a series.

2

Count 3 months forward

Count forward exactly 3 calendar months from the relevant date. For example, if the relevant date is 15 January, count forward to 15 April.

3

Subtract 1 day

Your deadline is 3 months less 1 day. Using the example above, if you count to 15 April, your deadline is 14 April. This is when your claim must be received by the tribunal, not just posted.

4

Check ACAS extension

If you contacted ACAS for early conciliation before the deadline, the time spent in early conciliation extends your deadline. The clock stops on the day you contact ACAS and starts again when the certificate is issued. You get at least 1 month from the certificate date.

5

Contact ACAS immediately

If you are close to the deadline, contact ACAS as soon as possible. The clock stops the day you submit your early conciliation notification online. Do not wait until the last day to contact them.

What Happens if You Miss the Deadline?

If you submit your claim after the deadline, the tribunal can still accept it if you can show it was not reasonably practicable to submit on time (for most claims) or if it is just and equitable to extend time (for discrimination claims).

Not reasonably practicable applies to unfair dismissal, wages claims, and other statutory claims. This is a strict test. You must show you could not have submitted on time despite acting with reasonable diligence. Examples that may be accepted include serious illness preventing you from acting, incorrect legal advice, or the employer actively misleading you about your rights.

Just and equitable applies to discrimination claims. This gives the tribunal broader discretion. The tribunal will consider all the circumstances, including the length of the delay, the reasons for it, the prejudice to both parties, and whether you acted promptly once you knew about your rights. This test is more flexible than "not reasonably practicable" but there is no guarantee the tribunal will extend time.

Late claims are far from certain to be accepted. If you think you may be out of time, seek legal advice immediately and explain your reasons clearly in the ET1 form.

ERA 2025: Time Limits Changing from October 2026

The Employment Rights Act 2025 extends the time limit for most employment tribunal claims from 3 months to 6 months. This change will apply to claims arising on or after October 2026.

The extension applies to unfair dismissal, discrimination, whistleblowing, unlawful deduction from wages, and other common claims. The deadline will be 6 months less 1 day from the relevant date.

Until October 2026, the current 3 months less 1 day rule still applies. Do not assume you have 6 months if your claim arises before this date. Always check the applicable time limit for your claim.

Tips for a Stronger Claim

  • Contact ACAS early: Contact ACAS for early conciliation as soon as you think you may have a claim. This stops the clock and gives you time to gather evidence and take advice.
  • Do not wait until the last day: Do not wait until the last day to submit your claim. Technical problems, postal delays, or errors in your form can mean you miss the deadline entirely.
  • Keep evidence of dates: Keep clear evidence of important dates, including your last day of work, the date you received your P45, and any dates of discriminatory acts or deductions.
  • Remember the formula: Remember the deadline is 3 months less 1 day, not 3 months. If you were dismissed on 10 March, your deadline is 9 June, not 10 June.
  • Understand ACAS extensions: Understand how ACAS extends your deadline. The time spent in early conciliation is added to your deadline, and you get at least 1 month from the certificate date even if little time was left.
  • Seek advice if unsure: If you are unsure whether you are in time, submit your claim early or take legal advice immediately. The tribunal has limited discretion to accept late claims and there is no guarantee of success.

Related Guides

ACAS Early Conciliation

Understanding the mandatory conciliation process and how it extends your deadline

How to Submit an ET1

Step-by-step guide to completing and submitting your claim form

Unfair Dismissal

Complete guide to unfair dismissal claims and the 3-month time limit

Employment Rights Act 2025

How the new Act extends time limits from October 2026

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Frequently Asked Questions

What is the time limit for an employment tribunal claim?
Most employment claims must be submitted within 3 months less 1 day of the incident or your last day of work. For example, if you were dismissed on 15 January, your deadline is 14 April. Some claims have longer time limits, including redundancy pay and equal pay claims (6 months). From October 2026, most time limits will extend to 6 months less 1 day under the Employment Rights Act 2025.
How do I calculate 3 months less 1 day?
Count forward exactly 3 calendar months from the relevant date, then subtract 1 day. For example, if your last day of work was 10 February, count forward 3 months to 10 May, then subtract 1 day to get 9 May. This is your deadline. The claim must be received by the tribunal by this date, not just posted.
What happens if I miss the deadline?
If you miss the deadline, the tribunal can still accept your claim if it was not reasonably practicable to submit on time (for most claims) or if it is just and equitable to extend time (for discrimination claims). The test for not reasonably practicable is strict and requires you to show you could not have submitted on time despite reasonable diligence. The just and equitable test gives the tribunal more discretion but is not guaranteed. Always seek legal advice if you think you are out of time.
Does ACAS early conciliation extend my deadline?
Yes. When you contact ACAS for early conciliation, the clock stops on the day you submit your notification. It starts again when ACAS issues your certificate. The time spent in early conciliation is added to your original deadline, and you get at least 1 month from the certificate date to submit your claim. This means contacting ACAS can give you more time to prepare your case.
What changes to time limits are coming in October 2026?
The Employment Rights Act 2025 extends most employment tribunal time limits from 3 months to 6 months less 1 day. This applies to claims arising on or after October 2026. The extension covers unfair dismissal, discrimination, whistleblowing, wages claims, and most other common claims. Until October 2026, the current 3 months less 1 day rule still applies.
Does the time limit start from my notice period or my last day of work?
For dismissal claims, the time limit starts from your effective date of termination. This is usually your last day of work if you were dismissed without notice, or the end of your notice period if you worked your notice. If you were paid in lieu of notice, the effective date is usually the date you were told you were dismissed. Check your dismissal letter and P45 for the relevant dates.
What if there were multiple discriminatory acts or deductions?
If there is a series of related acts (called a continuing act), the time limit runs from the date of the last act in the series. You can include earlier acts in your claim as long as they are part of the same series and the last act is within the time limit. For example, if you experienced ongoing harassment, you can claim for all acts if the last act was within 3 months. The tribunal will decide whether the acts form a continuing series.