Employment Law Solicitor covering Coventry, Warwick and Balsall Comman Specialist in Employment Law in Coventry, Warwick and the West Midlands
Phone 01926 484488
Fax 01926 484486
Mobile 07802 305901
Email carolsketchley


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       Time Limits

 

Statutory right

Statutory reference

Time limit for complaint

Qualifying period

Written reasons for dismissal

Section 92, ERA 1996

3 months starting with the effective date of termination. The employment tribunal  (ET) may extend time where it was "not reasonably practicable" to present the claim in time

1 or 2 years depending on date employment commenced

Unfair dismissal

Section 94, ERA 1996

3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time

1 or 2 years depending on date employment commenced

Unfair dismissal for a reason connected with medical suspension

Section 108(2), ERA 1996

3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time

1 month

Unfair dismissal for a reason connected with pregnancy, childbirth, maternity leave, parental leave) or dependant care leave

Section 99, ERA 1996

3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

Unfair dismissal for a health and safety reason

Section 100, ERA 1996

3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

Unfair dismissal of a shop or betting worker for refusing to work on a Sunday

Section 101, ERA 1996

3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

Unfair dismissal for a reason connected with the Working Time Regulations 1998

Section 101A, ERA 1996

3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

Unfair dismissal for performing functions as an occupational pensions trustee

Section 102, ERA 1996

3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

Unfair dismissal for performing functions as an employee representative )

Section 103, ERA 1996

3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

Unfair dismissal related to making a protected disclosure

Section 103A, ERA 1996

3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

Unfair dismissal for asserting a statutory right

Section 104, ERA 1996

3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

Unfair dismissal related to the national minimum wage

Section 104A, ERA 1996

3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

Unfair dismissal related to enforcing right to working tax credits

Section 104B, ERA 1996

3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

Unfair dismissal related to jury service

Section 98B, ERA 1996

3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

Unfair dismissal related to the establishment of, or participation in, a European Works Council or information and consultation procedure

Regulation 28, Transnational Information and Consultation of Employees Regulations 1999 (SI 1999/3323) and regulation 30, Information and Consultation of Employees Regulations 2004 (SI 2004/3426)

3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

Unfair dismissal for taking part in official industrial action

Section 238A, TULRCA

6 months from the complainant's date of dismissal

None

Unfair dismissal for membership, participation or refusal to join a trade union

Sections 152 and 153, TULRCA

3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

Unfair dismissal related to a claim for union recognition

Schedule A1, TULRCA

3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

Unfair dismissal by reason of a business transfer

Regulation 7, TUPE

3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time

1 or 2 years depending on date employment commenced

Unfair dismissal related to status as a part-time worker

Regulation 7, Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551)

3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

Unfair dismissal related to status as a fixed term employee

Regulation 6, Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (SI 2002/2034)

3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

Unfair dismissal in relation to a request for flexible working regulations

Section 104, ERA 1996

3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

Interim relief pending the complaint

Sections 100, 101A, 102, 103, 103A, ERA or Schedule A1, TULRCA (Section 128, ERA 1996)

7 days immediately following the EDT. No extension allowed unless deliberate fraud by the employer caused real injustice to employee (Grimes v Sutton London Borough Council 1973 ICR 240)

None

Unfair dismissal related to status as an agency worker

Regulation 17, Agency Workers Regulations (2010/93)

3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

 

 

Families and Pregnancy

Statutory right

Statutory reference

Time limit for complaint

Qualifying period

Right to 26 weeks ordinary maternity leave  (OML)

Section 71, ERA 1996

As applicable, depending on the circumstances

None

Right to unpaid additional maternity leave  (AML) lasting 26 weeks from maternity leave

Section 73, ERA 1996

As applicable, depending on the circumstances

6 months

Right to be offered alternative work before maternity suspension

Section 67, ERA 1996

3 months starting with the first day of suspension. The employment tribunal (ET) may extend time where it was "not reasonably practicable" to present the claim in time

None

Right to be paid during maternity suspension

Section 68, ERA 1996

3 months starting with the day in respect of which the claim is made. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

Right not to suffer detriment in relation to pregnancy, childbirth, maternity, compulsory maternity leave, OML, AML, ordinary adoption leave , additional adoption leave maternity leave, parental leave or time off for dependants

Section 47C, ERA 1996

3 months starting with the date of the last act or failure to act. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

Right to 13 weeks' unpaid parental leave in respect of each child, 18 weeks for parents of disabled children

Regulation 13, Maternity and Parental Leave etc Regulations 1999 (SI 1999/3312)

3 months from when the employer refuses the right. The ET may extend time where it was "not reasonably practicable" to present the claim in time

1 year

Right to paid time off for antenatal care

Section 55, ERA 1996

3 months starting with date of the appointment. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

Right to unpaid time off to care for dependants

Section 57A, ERA 1996

3 months starting with date when refusal occurred. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

 

 

Redundancy, transfers and insolvency

Statutory right

Statutory reference

Time limit for complaint

Qualifying period

The right to a statutory redundancy payment

Section 135, ERA 1996 

6 months starting with the "relevant date"

2 years

Consultation with appropriate representatives over proposed collective redundancies

Section 188, TULRCA 

Before dismissal or 3 months starting with the date on which the dismissal takes place. The employment tribunal (ET) may extend time where it was "not reasonably practicable" to present the claim in time

None

Failure to pay a protective award

Section 190, TULRCA

3 months starting with the last day in respect of which the complaint is made. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

Consultation with appropriate representatives over a business transfer

Regulation 13, TUPE

3 months starting with the date of the completion of the transfer. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

Failure to comply with a compensation order made for failure to inform and consult under TUPE

Regulation 15(12), TUPE

3 months starting with the date of the tribunal's order. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

Rights on insolvency of employer

Part XII, ERA 1996

3 months starting with the date of communication of Secretary of State's decision. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

 

 

Discrimination and equal pay

Statutory right

Statutory reference

Time limit for complaint

Qualifying period

Right not to be treated less favourably because of age, disability, gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sex or sexual orientation

Section 13, Equality Act 2010 (EqA 2010)

3 months starting with the date of the act to which the complaint relates or such other period as the employment tribunal (ET) thinks is "just and equitable"

None

Right not to be treated unfavourably because of pregnancy or maternity

Section 18, EqA 2010

3 months starting with the date of the act to which the complaint relates or such other period as the ET thinks is "just and equitable"

None

Right not to be indirectly discriminated against in relation to age, disability, gender reassignment, marriage or civil partnership, race, religion or belief, sex or sexual orientation

Section 19, EqA 2010

3 months starting with the date of the act to which the complaint relates or such other period as the ET thinks is "just and equitable"

None

Right not to be treated unfavourably because of something arising in consequence of a disabled person's disability

Section 15(1), EqA 2010

3 months starting with the date of the act to which the complaint relates or such other period as the ET thinks is "just and equitable"

None

Right not to be discriminated against by a failure to comply with a duty to make reasonable adjustments

Section 21, EqA 2010

3 months starting with the date of the act to which the complaint relates or such other period as the ET thinks is "just and equitable"

None

Right not to be harassed by unwanted conduct related to age, disability, gender reassignment, race, religion or belief, sex or sexual orientation

Section 26(1), EqA 2010

3 months starting with the date of the act to which the complaint relates or such other period as the ET thinks is "just and equitable"

None

Right not to be sexually harassed

Section 26(2), EqA 2010

3 months starting with the date of the act to which the complaint relates or such other period as the ET thinks is "just and equitable"

None

Right not to be treated less favourably for rejecting or submitting to sexual harassment or harassment related to gender reassignment or sex

Section 26(3), EqA 2010

3 months starting with the date of the act to which the complaint relates or such other period as the ET thinks is "just and equitable"

None

Right not to be victimised because of a protected act

Section 27, EqA 2010

3 months starting with the date of the act to which the complaint relates or such other period as the ET thinks is "just and equitable

None

Right to a sex equality clause (equal pay for equal work)

Section 66, EqA 2010

6 months after termination of employment (in standard cases)

None

Right to a maternity equality clause

Section 73, EqA 2010

6 months after termination of employment (in standard cases)

None

 

Trade unions and collective issues
 

Statutory right

Statutory reference

Time limit for complaint

Qualifying period

Interim relief pending a claim for unfair dismissal on grounds related to union membership or activities

Section 161, TULRCA 

7 days immediately following effective date of termination (EDT)  No extension unless deliberate fraud by the employer has caused real injustice to employee (Grimes v Sutton London Borough Council 1973 ICR 240)

None

Right not to suffer detriment as a result of union membership or activities

Section 146, TULRCA

3 months starting with the date of the last act or failure to act. The employment tribunal  (ET) may extend time where it was "not reasonably practicable" to present the claim in time

None

Unlawful exclusion or expulsion from a union

Section 174, TULRCA

6 months starting with the date of exclusion/expulsion. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

Compensation after a finding of unlawful exclusion or expulsion from a union

Section 176, TULRCA

Not earlier than 4 weeks and not later than 6 months from the date of the ET's decision. No extension unless deliberate fraud by the employer caused real injustice to employee (Grimes v Sutton London Borough Council 1973 ICR 240)

None

Right not to be unjustifiably disciplined by a trade union

Section 64, TULRCA

3 months starting with the date of the union's decision. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

Compensation after a finding of unjustifiable discipline

Section 67, TULRCA

Not earlier than 4 weeks and not later than 6 months from the date of the Employment Tribunal's decision. No extension unless deliberate fraud by the employer caused real injustice to employee (Grimes v Sutton London Borough Council 1973 ICR 240)

None

Unauthorised deduction of union subscriptions

Section 68, TULRCA

3 months starting with the date of payment. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

Refusal of employment on grounds related to union membership

Section 137, TULRCA

3 months starting with the date of the conduct complained of. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

Refusal of service of an employment agency on grounds related to union membership

Section 138, TULRCA

3 months starting with the date of the conduct complained of. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

 

 

Time off work

Statutory right

Statutory reference

Time limit for complaint

Qualifying period

Right to unpaid time off for public duties

Section 50, ERA 1996

3 months from the date of failure to give time off. The employment tribunal  (ET) may extend time where it was "not reasonably practicable" to present the claim in time

None

Right to paid time off to look for work where notice of dismissal by reason of redundancy  has been given

Sections 52 and 53, ERA 1996

3 months starting with the day time off should have been allowed. The ET may extend time where it was "not reasonably practicable" to present the claim in time

2 years

Right to paid time off for pension scheme trustees

Sections 58 and 59, ERA 1996

3 months starting with the date when the failure occurred. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

Right to paid time off for employee representatives

Sections 61 and 62, ERA 1996

3 months starting with the day time off is taken or on which time off should have been allowed. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

Right to time off for study or training

Sections 63A and 63B, ERA 1996

3 months starting with the day time off taken or on which time off should have been allowed. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

Right to paid time off for representatives of employee safety and for candidates standing for election as such a representative

Safety Representatives and Safety Committees Regulations 1977 (SI 1977/500) and Health and Safety (Consultation with Employees) Regulations 1996 (SI 1996/1513)

3 months starting with the date when the failure occurred. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

Right to paid time off for union duties

Sections 168 and 169, TULRCA 

3 months starting with the date when the failure occurred. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

Right to unpaid time off for union activities

Section 170, TULRCA

3 months starting with the date when the failure occurred. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

Right not to suffer detriment in relation to taking time off for study or training

Section 47A, ERA 1996

3 months starting with date of the last act or failure to act. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

Right not to suffer detriment in relation to taking time off to care for dependants

Section 47C, ERA 1996

3 months starting with date of the last act or failure to act. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

 

 

Working Time Regulations 1998

Statutory right

Statutory reference

Time limit for complaint

Qualifying period

Right to daily rest breaks

Regulation 10, Working Time Regulations 1998 (WTR) (SI 1998/1833)

3 months from date when right should have been permitted. The employment tribunal   (ET) may extend time where it was "not reasonably practicable" to present the claim in time

None

Right to weekly rest breaks

Regulation 11, WTR

3 months from date when right should have been permitted (or, if rest period extended over more than one day, date when right should have been permitted to begin). The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

Right to rest breaks during a day

Regulation 12, WTR

3 months from date when right should have been permitted. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

Right to annual leave

Regulation 13, WTR

3 months from date when right should have been permitted (or, if leave extended over more than one day, date when right should have been permitted to begin). The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

Right to pay in lieu of holiday on termination of employment

Regulation 14, WTR

3 months from date payment should have been made. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

Right to pay during annual leave

Regulation 16, WTR

3 months from date payment should have been made. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None

Right not to suffer detriment in relation to working time

Section 45A, ERA 1996

3 months starting with date of the last act or failure to act. The ET may extend time where it was "not reasonably practicable" to present the claim in time

None