Q&As

How do you calculate the time limit for submitting an unfair dismissal claim to the employment tribunal?

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Published on LexisPSL on 17/01/2020

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • How do you calculate the time limit for submitting an unfair dismissal claim to the employment tribunal?

How do you calculate the time limit for submitting an unfair dismissal claim to the employment tribunal?

For information:

  1. on time limits for the presentation of claims in the employment tribunal generally, see Practice Note: Time limits for presenting employment tribunal claims

  2. on the time limit for presenting a claim of unfair dismissal, see Practice Note: Unfair dismissal time limit

Subject to the possibility of extension, discussed below, a claim for unfair dismissal must be submitted to the employment tribunal within the three months that begins with the 'effective date of termination'.

For guidance on how to determine the 'effective date of termination', see Practice Note: Effective date of termination.

The three-month period is calculated on the basis that the date of the 'effective date of termination' is the first day of the three-month period, ie if the 'effective date of termination' is on 1 January, the claim must be presented at an employment tribunal by midnight on 31 March. The date on which the claim has to be presented does not change because the date on which the time limit expires or the date following it is not a working day. See the section: Calculating three months in Practice Note: Time limits for presenting employment tribunal claims.

The time limit within which a claim must be submitted:

  1. will be extended where the potential claimant is subject to the

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