Time Limits for Taking Action on a Workplace Issue | Yerty Guides

This article applies to England, Wales and Scotland. It is not tailored to Northern Ireland.

If you're reading this, you're probably worried about deadlines. Let's clear things up.

Employment law deadlines are strict and shorter than most people expect. But knowing exactly where you stand helps you make good decisions. This guide explains what deadlines apply, how to calculate them, and what to do if time is running short.

The law on time limits is complex, with different rules for different claims. The general rule is that either you have:

3 months minus 1 day (This is the most common)
6 months minus 1 day (This deadline applies to some claim types and is less common)

Remember: it's important to check which applies to you. If you get it wrong, it could affect your chances at Tribunal.

The Reality About Employment Deadlines

Most workplace claims have a 3 month minus 1 day deadline. That's roughly 89 days from when something happened. It sounds like plenty of time, but between processing what happened, getting advice, and preparing your case, those weeks disappear quickly.

Finding Your "Trigger Date" – When the Clock Started

Every deadline starts from a specific date. Here are some examples of what could count:

Claim Type	What Starts the Clock	Can Use "Last Date" Rule?
Unfair/Constructive Dismissal	Effective Date of Termination (EDT) - usually your last working day	Sometimes - if series of acts led to resignation
Discrimination/Harassment	Date of the incident (or last in a continuing act)	Yes - for connected incidents
Unpaid Wages	Date of last missing payment	Yes - for series of deductions
Equal Pay (tribunal)	Last day of employment	N/A
Redundancy Pay	Last day of employment	N/A
Breach of Contract (tribunal)	End of employment	Sometimes - for ongoing breaches
Whistleblowing detriment	Date of detriment (or last in series)	Yes - for connected detriments

Not sure of your trigger date? Write down all relevant dates. If incidents are connected, you may be able to use the latest date (see below).

Multiple Incidents? You Might Have More Time (Continuing Acts)

When multiple incidents are connected, the law often treats them as continuing over a period. Your deadline then runs from the last incident, not the first. This principle applies to:

Discrimination and harassment:

"Conduct extending over a period" (Section 123(3)(a), Equality Act 2010)
Pattern of discriminatory treatment
Discriminatory culture or practice

Wages claims:

Series of unauthorised deductions
Ongoing failure to pay correct wages
Pattern of underpayments

Constructive dismissal:

Series of breaches building up ("last straw" doctrine)
Ongoing breach of trust and confidence
Pattern of behaviour forcing resignation

Whistleblowing:

Series of detriments after disclosure
Ongoing victimisation
Connected acts of retaliation

When incidents count as connected:

Same issue continuing or repeating
Clear pattern or policy
Same people involved
Evidence they're linked, not isolated
No significant gaps between incidents

Example 1 - Discrimination:

Sexist comments: January, February, March
Passed over for promotion (gender-related): 15 April
Final discriminatory act: 30 April
Deadline calculates from: 30 April

Example 2 - Wages:

Underpaid: January, February, March, April
Last underpayment: 25 April
Deadline calculates from: 25 April (24 July deadline)

Example 3 - Constructive dismissal:

Employer breaches contract: January
Further breaches: February, March
Final straw incident: 10 April
You resign: 12 April
EDT is: 12 April (or end of notice)

Critical points:

Document ALL incidents with dates
The tribunal decides if acts are truly connected
Don't gamble without legal advice
If unsure, use the earliest date to be safe

How to Calculate Your Exact Deadline

Step-by-step for single incident:

Find your trigger date (e.g., dismissed on 15 January 2025)
Count 3 months forward (15 April 2025)
Subtract 1 day (14 April 2025)
This is your ACAS deadline

For continuing acts/series:

Identify the last connected incident
Count 3 months forward from that date
Subtract 1 day
Keep evidence of ALL earlier incidents

Watch out for:

Weekends and bank holidays still count
February being shorter affects calculation
Gaps between incidents may break the chain

Real examples:

Series of wage deductions ending 25 April → Deadline 24 July
Pattern of discrimination ending 30 May → Deadline 29 August
Constructive dismissal resignation 31 January → Deadline 30 April

If Your Deadline is Approaching

If you find that you have a deadline within the next week and believe you may want to pursue the case further, you should prioritise connecting with ACAS to pursue early conciliation. This will 'stop the clock'

Today:

Call ACAS on 0300 123 1100
List all dates and connected incidents
Tomorrow: Submit online if phone didn't work
Don't wait for perfect evidence

Deadline in 2-4 weeks:

Start ACAS Early Conciliation this week
Document your timeline of events
Note how incidents connect
Get legal advice on continuing acts
Don't assume negotiations stop the clock

Deadline in 1-3 months:

Document everything properly
Create clear timeline showing connections
Get advice on case strength
Start ACAS well before deadline
Consider all options

The ACAS Early Conciliation Process

Before you can go to tribunal, you must contact ACAS first (with few exceptions). When you speak with them, they will offer you early conciliation.

How it works:

Contact ACAS before your deadline
They contact both parties
Try to reach agreement (voluntary)
If no agreement, get certificate
You have at least 1 month more for tribunal

Clock-stopping effect: ACAS pauses your deadline. After conciliation, you get at least one month to file your ET1 form.

To learn more, read this ACAS article explaining the process: www.acas.org.uk/early-conciliation

What If I've Already Missed the Deadline?

Don't give up immediately. There are circumstances within which the Tribunals can determine it would be fair to allow claims that exceed deadlines to be permitted.

Check if you actually missed it:

Was there a later connected incident you overlooked?
For wages: any more recent deductions?
For discrimination: any recent connected acts?
For constructive dismissal: when exactly did you resign?

Extension possibilities vary by claim type:

For example, in discrimination claims consider the "Just and equitable" test

Slightly more flexible
Considers why you're late
Balance of prejudice

Whilst in unfair dismissal/wages claims, consider a "Not reasonably practicable" test

Much stricter
Need exceptional reasons
Serious illness, misled by employer, etc.

Speak to ACAS and get legal advice from an employment solicitor immediately if you think you're late.

Common Deadline Myths – Don't Fall for These

Myth 1: "Raising a grievance stops the clock" Reality: It doesn't. Legal deadlines continue.

Myth 2: "Only discrimination has continuing acts" Reality: Wages, constructive dismissal, whistleblowing can too.

Myth 3: "Each incident needs separate claim" Reality: Connected incidents often form one claim.

Myth 4: "I need all evidence first" Reality: Start ACAS, gather evidence as you go.

Myth 5: "The deadline is exactly 3 months" Reality: It's 3 months MINUS ONE DAY.

Quick Reference: What to Do Today

Know your deadline?

Mark in calendars with alerts
Contact ACAS 2+ weeks before
Document all connected incidents

Not sure?

List ALL relevant dates
Note connections between incidents
Get advice on correct date
Use earliest date if unsure

Urgent?

Contact ACAS immediately
Mention continuing acts if relevant
Don't wait for perfection

Think you're late?

Check for later connected incidents
Get legal advice today
Explore alternative routes

Remember: Time Limits Are Strict But Manageable

Missing a deadline can end your claim before it starts. But understanding the rules - including when continuing acts apply - gives you the best chance of protecting your rights.

Key points:

Most claims: 3 months minus 1 day
Continuing acts: use last connected incident
Applies to discrimination, wages, constructive dismissal, and more
ACAS first, then tribunal
When in doubt, act sooner

Don't let deadlines paralyse you. Now you know the rules. Use them to protect your rights.

Sources

"Employment tribunal time limits", ACAS – www.acas.org.uk/employment-tribunal-time-limits
"Early Conciliation", ACAS – www.acas.org.uk/early-conciliation
"Employment tribunals", Gov.uk – www.gov.uk/employment-tribunals
Section 123, Equality Act 2010 – www.legislation.gov.uk/ukpga/2010/15/section/123
Explanatory Notes, Equality Act 2010 – www.legislation.gov.uk/ukpga/2010/15/notes/division/3/9/3/4
Commissioner of Police of the Metropolis v Hendricks [2003] ICR 530
"Employment Rights Act 1996" – www.legislation.gov.uk/ukpga/1996/18