What are the time limits for employment claims?
Our specialist employment law solicitors are all too aware of the strict time limits for employment claims, and how easily they can be missed. Although civil claims generally have a limitation period of six years to issue a claim, employment claims follow a different rulebook.
For most claims, the time limit for bringing a case to the employment tribunal is now six months, less one day if the ‘event’ happened on or after 1st October 2026. If it happened before that date, the old limit of three months, less one day, still applies.
In this blog, we explain the time limits for different types of employment claims, what has changed, and how Acas Early Conciliation affects your deadline.
This blog was originally published in May 2023 and updated in September 2026 to reflect changes to time limits coming into force in October 2026.
Time limits for employment claims
The time limit for employment claims usually begins from the date the issue occurred and must be presented to the tribunal within six months. This means that you have six months, minus one day, to bring your employment claim to the tribunal.
For example, if you were unfairly dismissed on 1st November with no notice period, the time limit to bring your employment claim starts on 1st November and ends at 11:59 pm on 30th April.
When is the ‘start date’?
The ‘start date’ depends on the type of case. In some cases, it is the ‘effective date of termination’, also referred to as the ‘EDT’. This is the date that the employee’s notice expires, or the date that employment terminates, in cases where notice isn’t given. In other cases, it can be the date of the last act in that sequence.
It is important that you are certain of the ‘start of the clock’ if you intend to bring a claim, so you are aware of the limitation period. If you are unsure when your employment claim time limit is, you should contact a specialist Employment Law Solicitor as soon as possible.
Time limits for common employment claims
Here are some common employment claim time limits you should be aware of:
Constructive dismissal
The time limit for making a constructive dismissal claim is normally six months, minus one day, from the date of resignation. To claim constructive dismissal, the resignation must immediately follow the ‘trigger event’, such as an act, event or circumstance that caused you to want to leave the company.
Discrimination claims
The time limit is six months, minus one day, starting from the date of the discriminatory act. Or, if the discrimination is part of an ongoing series of events, the time limit starts from the date of the last act in that sequence.
Equal pay
The time limit for making an equal pay claim hasn’t changed and remains six months, minus one day. This starts from the date of termination, or the date the employee discovered the pay inequality. For employees in the armed forces, the time limit is nine months.
Redundancy pay
You have six months, minus one day, starting from either the date the notice expired, if the employee was dismissed on notice, or the date the employee resigned or was dismissed without notice.
Unfair dismissal and/or dismissal for whistleblowing
To claim unfair dismissal or dismissal for whistleblowing, you have six months, minus one day, starting from the effective date of termination. To bring an unfair dismissal claim, you must have at least two years of service with your employer unless you are a victim of discrimination and/or have been automatically unfairly dismissed (although this is set to change in January 2027).
Unlawful deduction from wages
You have six months, minus one day, starting from the date of the last unlawful deduction.
Detrimental whistleblowing
To make a whistleblowing claim, you have six months, minus one day, starting from the date of the action which caused a detriment.
Wrongful dismissal
If you have been wrongfully dismissed, you have six months, minus one day, starting from the effective date of termination. As wrongful dismissal relates to a breach of an employment contract, you do have the option to bring the claim as an employee in the civil courts.
The civil courts have a limitation period of six years from the date of the breach of contract. The civil courts also have the power to award compensation payments above £25,000, whereas the tribunal is subject to a compensation cap of £25,000 for breach of contract claims.
Are there any exceptions to employment claim time limits?
Although the employment claim time limits are strict, a late claim will be subject to the tribunal’s discretion on whether to allow the claim to be presented, which will depend on the circumstances of your case.
The employment tribunal can extend the time limit in cases where it is deemed not ‘reasonably practical’ for you to present the complaint in time.
We understand that there are many reasons that the employment claim time limit might be a challenge. It could be that you are not ready to present the claim, or that you were unaware of the time limit. Unfortunately, these reasons are not usually accepted as an exception to the rule.
If, for some reason, you don’t make the deadline, we recommend that you bring your employment claim as soon as possible and present the tribunal with evidence as to why the deadline was missed.
As the employment tribunal considers each case individually with discretion to decide who would suffer the most injustice if a late claim is allowed, it’s difficult for us to give you precise guidelines on whether your case will succeed.
The impact of Acas Early Conciliation
If you want to make an employment tribunal claim, you must complete a form to notify Acas that you intend to bring a workplace dispute claim. Once Acas are aware, your matter will be passed on to the early conciliation support team, who will make contact with you. Your employment claim time limit will ‘pause’ whilst this process is ongoing.
The next step is early conciliation, which takes place before the tribunal hearing and involves an Acas representative contacting both parties to try and reach a settlement. This is a free service and can take up to 12 weeks, but it is not required of either party to take part. If the parties do not participate, or if a settlement is not reached, Acas will issue an early conciliation certificate so you can proceed with your claim.
Your claim’s time limit will be suspended, although not paused indefinitely, and you will have a minimum of one calendar month less one day from the date of receipt of the certificate to make a claim to the employment tribunal. In some cases, you may have longer than one month to make a claim to the tribunal. Working out the exact time limit can be complicated, so it is sensible to seek legal advice to avoid missing the strict deadlines.
Need advice about employment law?
The time limits for employment claims are incredibly strict, and it can be easy for the time to pass by. This is why it’s so important for both employees and employers to act fast if they intend to bring an employment claim to the tribunal, by notifying Acas and seeking specialist employment law advice.
Whether you’re an employer or employee, our employment law solicitors are here to help. To speak to our Employment team, call us on 0117 325 2929 or complete our online enquiry form.
