What Is the Time Limit for an Unfair Dismissal Complaint?

As experts in employment law, people often ask us, What Is the Time Limit for an Unfair Dismissal Complaint?

So, in this article, we thought we would answer that question. Read on to find out more.

What Is the Time Limit for an Unfair Dismissal Complaint?

Subject to the rules on the automatic extension of time for early conciliation, the claimant must present a claim for unfair dismissal within three months starting with the effective date of termination (EDT) under section 111(2) ERA 1996. If the last day of employment is 13 May, the tribunal must receive the claim on or before 12 August. However, that deadline is likely to be extended by participation in Acas early conciliation. If the tribunal does not receive a claimant’s claim within the relevant time limit, this will, on the face of it, mean that the tribunal has no jurisdiction to hear the claim.

Extensions:

The tribunal may extend the time further. However, this only happens when it is satisfied that it was “not reasonably practicable for the complaint to be presented before the end of that period” (section 111(2)(b), ERA 1996). The claim must still have been presented “within such further period as the tribunal considers reasonable” for an extension to be granted.

In practice, tribunals will not grant extensions in advance. The employee should apply for an extension when the ET1 is presented. The tribunal will usually then consider the point at a hearing.

The factors that a tribunal can consider will vary from case to case. However, the following may be relevant:

• The manner of, and reason for, dismissal.
• Whether there has been use of the employer’s conciliation machinery.
• The substantial cause of the claimant’s failure to comply with the time limit.
• Whether there was a physical impediment, such as illness or a postal strike.
• Whether and when the claimant knew of their rights.
• Whether the employer had misrepresented any relevant matter to the claimant.
• Whether anyone has advised the claimant and the nature of the advice given.
• Whether there was any substantial fault on the part of the claimant or their adviser which led to the failure to present the complaint in time.

The test of reasonable practicability:

The test of reasonable practicability has generated extensive case law. However, it is a question of fact for the tribunal as to whether it was not reasonably practicable for the claimant to have submitted the claim in time.

For example, where a serious illness prevents the employee from presenting the complaint in time, a tribunal would normally find it was not reasonably practicable for them to have done so. However, having an illness or medical condition during the relevant time will not in and of itself mean that an employee was reasonably prevented from presenting their claim in time or that the employee’s condition meant that ignorance of the relevant time limit was reasonable.

Furthermore, the fact that an employee is pursuing an internal appeal does not mean that it is not reasonably practicable for the employee to submit a claim within the applicable time limit, even if this means submitting the claim before the appeal’s conclusion.

It is, therefore, essential to seek legal advice before presenting a claim to protect the time limits involved.

Suppose a tribunal is satisfied that it was not reasonably practicable for the complainant to present a claim within the time limit. In that case, it must then consider whether they submitted the claim “within such further period as the tribunal considers reasonable”.

The test is not whether the claimant submitted the claim as soon as reasonably practicable after the original time limit. Nor is it whether it would have been reasonably practicable to have submitted it any earlier. It is the (less stringent) test of whether the tribunal considers the claimant submitted the claim within a reasonable time after the original time limit expired. How much time that equates to is for the tribunal to decide. This decision depends on the circumstances of each case.

We hope you found the answer to the question, “What Is the Time Limit for an Unfair Dismissal Complaint?”. However, if you have any further questions, please do contact us.