How long does an employee have to bring an unfair dismissal claim?

A claim for unfair dismissal must be received by the tribunal within 3 months of an employee’s effective date of termination (less a day).

The tribunal may otherwise accept an unfair dismissal claim where it finds that it was not reasonably practicable to bring the claim within the three month period but was otherwise brought within such further period as the tribunal considers was reasonable.

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.