Calculating and altering time periods in employment tribunal litigation
Calculating and altering time periods in employment tribunal litigation

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

  • Calculating and altering time periods in employment tribunal litigation
  • Setting and calculating time periods
  • Extending or shortening time periods

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 of days of a given event occurring

In this latter context, confusion can arise as to when, precisely, such time periods start or end, or as to what the latest date is on which a required act may be done. Also, on occasion, a party or the tribunal itself may want to extend or shorten such a time period. The tribunal may have