Q&As

In relation to the time limits for presenting an employment tribunal claim, and the early conciliation requirement, if a conciliation certificate is issued on the same day as conciliation starts, how is the time limit for presenting a claim affected?

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Published on LexisPSL on 21/01/2020

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

  • In relation to the time limits for presenting an employment tribunal claim, and the early conciliation requirement, if a conciliation certificate is issued on the same day as conciliation starts, how is the time limit for presenting a claim affected?

In relation to the time limits for presenting an employment tribunal claim, and the early conciliation requirement, if a conciliation certificate is issued on the same day as conciliation starts, how is the time limit for presenting a claim affected?

The jurisdiction to bring claims in the employment tribunal derives from statute (eg the unfair dismissal jurisdiction derives from the Employment Rights Act 1996 (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 set out in ERA 1996, s 111). Failure to bring a claim within the relevant time limit puts the claim outside the jurisdiction of the tribunal and the tribunal cannot hear it unless it decides that time should be extended according to the relevant principles applying to that sort of claim.

Most time limits are three months from the date of the relevant event, such as the date of dismissal in an unfair dismissal case or the date of an act of discrimination in a prohibited conduct claim brought under the Equality Act 2010 (see Practice Notes: Unfair dismissal time limit and Prohibited conduct claims: time limits), but there are exceptions to this rule (for example, the time limit for claims relating to statutory redundancy payments is six months from the ‘relevant date’

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