In the Employment Tribunal there are strict time limits set on the deadline for submitting your claim. In most cases (currently*) the time limit is just 3 months less 1 day from the date of the act that you are complaining about.
For example: If you are pursuing a claim for unfair dismissal, you will have 3 months, less 1 day from the date of the termination of your employment.
If your employment is terminated on the 1 January, then the last date that you can make your claim to the Employment Tribunal is the 31 March (if this is a non-working day then the claim should be issued on the working day before this).
If you have a claim for discrimination the time limit starts to run from the date of the act that you are complaining about. In cases of discrimination there is scope to extend the limitation date if there is a series of discriminatory acts from the Employer. We would recommend you seek specific advice on whether the most recent act of discrimination is one in a long series.
Before you issue your claim you are required to contact ACAS within the above time period (3 months less 1 day from the date of the act that you are complaining about) Once you have contacted ACAS this will then pause the limitation clock until such time as you receive a certificate from ACAS.
ACAS Early conciliation is a free service provided by ACAS during which a conciliator will be appointed to liaise between the parties to seek resolve.
If an agreement is reached during the process, it will be formalised in a legally binding document known as a COT3 agreement, which closes the case and prevents further legal action.
Unlike a solicitor, the conciliator doesn’t offer legal advice or make decisions. They will not provide you with advice on the merits of your claim but instead are there to help both parties clarify their positions and explore any potential solutions.
You are not required to take part in early conciliation, and the same goes for the employer, it will be up to them whether they are willing to enter into discussions with you.
We have also prepared a video about the process which you may find helpful: https://www.youtube.com/watch?v=Zayt3TRLrY8
If an agreement isn’t reached, or the employer is not willing to enter into early conciliation, then ACAS will issue you with a certificate and it is with this that you proceed to issue your claim in the Employment Tribunal.
Once your certificate has been issued your time to file your claim with the Tribunal will be limited.
We would recommend that you obtain specific advice on the exact time limit that applies to your claim once your certificate has been issued. This is because your exact limitation date will depend on the date you contacted ACAS, the date on which your certificate is issued and the date of the act you are complaining of.
As it currently stands you will automatically be issued with a certificate 6 weeks from the date at which you contact ACAS and put them on notice of your intention to issue a claim. However, following the recent publication of ‘The Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2025’ we are expecting this to increase to 12 weeks for claims where early conciliation is commenced on or after 1st December 2025.
Recently we are finding that employee claimants are experiencing significant delays at ACAS and in some cases, there are only a few days between the conciliator being appointed and the certificate being issued. It is anticipated that the above extension may assist with this delay. It is however important to ensure that any settlement negotiations that continue past the point that the certificate is issued, do not take you over your final date to issue your claim.
If you are looking to pursue a claim against your employer for breach of contract, you will have a longer opportunity to do so in the civil courts. In the civil courts you will have 6 years from the date of the breach to pursue your claim. It is important to note that you cannot pursue the same action in both the Employment Tribunal and the County Court.
We would recommend you seek specific advice on the advantages of pursuing a claim in the civil courts as an alternative to the Employment Tribunal.
It is always advisable to act quickly in any employment situation and seek clear advice about your time limits from the outset. The Respondent will look to raise limitation as a complete defence and only in very limited circumstances may a claim be permitted to continue.
* The time limit for making a claim is likely to increase to 6 months once the Employment Rights Bill becomes law, so watch this space for further developments.
Our team are able to assist with a range of enquiries and HR support. If you have concerns in respect of limitation dates or would like any support in reviewing your matter to determine whether you still have time to pursue a claim, please contact us on 01983 897003.
Appointments are available by telephone or via video call, so no matter where you are in England or Wales we can assist you.
The information contained in this blog post is provided for guidance and is a snapshot of the law at the time it is written. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
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