Unfair dismissal time limit
Unfair dismissal time limit

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

  • Unfair dismissal time limit
  • Three months beginning with the effective date of termination
  • Tribunal's discretion to extend time
  • Start date where dismissal is with notice

Three months beginning with the effective date of termination

An unfair dismissal claim must generally be submitted to the employment tribunal within the three months that begins with the 'effective date of termination' (see Practice Note: Effective date of termination for how to determine on what day this falls).

This general rule is subject to three possible qualifications:

  1. time will be extended where the prospective claimant is subject to the requirement for early conciliation (see Practice Note: The early conciliation requirement—Extension to time limits (the 'stop the clock' provisions))

  2. time may be extended by exercise of the tribunal's discretion

  3. special rules apply to dismissals with notice, regarding the earliest date on which a claim may be submitted

For further information on the application and calculation of time limits in the tribunal generally, see Practice Note: Time limits for presenting employment tribunal claims.

Tribunal's discretion to extend time

If an unfair dismissal claim is not presented within the initial th

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