How long does an employee have to bring a discrimination claim?

A claim for discrimination must be brought within 3 months (less a day) of the discriminatory event.

Claims outside of the three month period may be accepted if the tribunal considers that it is just and equitable to do so or alternatively, where it forms part of a continuing act of discrimination.

Legislation provides for the modification of the time limits to allow for ACAS Early Conciliation. In summary, the legislation provides as follows:

• The stop the clock provision: The period beginning the day after the EC request is received by ACAS up to and including the day when the EC certificate is received or deemed to have been received by the prospective claimant is not counted.
• One month provision: If a time limit is due to expire during the period beginning with the day ACAS receives the EC request and one month after the prospective claimant receives the EC certificate, the time limit expires instead at the end of that period.

It is exceptionally important to bring claims within the relevant time limit. If you consider that a time limit issue arises in your case then you should take legal advice without delay.