Calculating and altering time periods in employment tribunal litigation

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Calculating and altering time periods in employment tribunal litigation
  • Setting and calculating time periods
  • Using calendar dates
  • By what time of day an act must be done
  • Periods ending on non-working days
  • Acts to be done within a certain number of days of or from an event
  • Acts to be done not less than a certain number of days before or after an event
  • Calculating when a document was sent by the tribunal
  • Extending or shortening time periods

Calculating and altering time periods in employment tribunal litigation

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until further notice are operating in accordance with the Presidential guidance and directions now issued, which profoundly affect normal practice. See Practice Note: Operation of employment tribunals during the coronavirus (COVID-19) pandemic for full information.

The jurisdiction to brings claims in the employment tribunal derives from statute (eg the unfair dismissal jurisdiction derives from the ERA 1996). Time limits for presenting such claims are also to be found in the relevant statute (eg the three month time limit for bringing an unfair dismissal claim is found at section 111 of the ERA 1996). These jurisdictional time limits for presenting a claim to the tribunal in the first place, and the possibilities for extending them, are discussed in a separate practice note, Time limits for presenting employment tribunal claims.

This practice note deals with a different type of time period, namely time periods set and used in the procedural conduct of employment tribunal litigation subsequent to the presentation of a claim, eg:

  1. an order that a document be produced by a certain date, or within a certain period, or

  2. a tribunal procedural rule that stipulates that a certain document must be lodged within a specified number

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