Employment Tribunal Time Limits: Quick Reference Guide by Claim Type

Primary Time Limits by Claim Type

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ACAS Early Conciliation Extension

Section 207B of the Employment Rights Act 1996 extends time limits to account for the ACAS EC period. The calculation uses the later of two methods:

Always calculate both methods and apply whichever gives the later deadline. See our ACAS Early Conciliation guide for worked examples.

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Extension Tests Explained

"Not Reasonably Practicable" (NRP)

This is a strict test. The claimant must show two things:

1. It was not reasonably feasible to present the claim in time
2. The claim was presented within a reasonable period after it became practicable

Ignorance of time limits is generally no excuse if the claimant had access to legal advice (Dedman v British Building and Engineering Appliances Ltd [1974] ICR 53). Illness, postal delays, and genuine factual uncertainty about the trigger date may succeed — but the bar is high.

"Just and Equitable" (J&E)

This is a broader discretion. The tribunal considers all relevant circumstances, including:

• The length of and reasons for the delay
• The extent to which the evidence has been affected by the delay
• The merits of the claim
• The prejudice to each party

The leading authority is Adedeji v University Hospitals Birmingham NHS Foundation Trust [2021] EWCA Civ 23, which held that tribunals should assess all relevant factors rather than rigidly applying the old Limitation Act 1980 checklist.

Even under the J&E test, an extension is not guaranteed. The longer the delay and the weaker the explanation, the less likely the tribunal is to grant one.

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Continuing Acts and Series of Deductions

Discrimination: Continuing Acts

Conduct extending over a period is treated as done at the end of that period (s.123(3) EA 2010). The critical distinction is between:

• A continuing act — an ongoing state of affairs, such as a discriminatory policy or a sustained course of conduct. Time runs from the end of the course of conduct.
• A one-off act with continuing consequences — a single decision whose effects are felt over time. Time runs from the date of the decision, not from the date the consequences end.

Getting this distinction wrong is one of the most common errors in discrimination litigation.

Wages: Series of Deductions

For unlawful deduction from wages, time runs from the last deduction in the series, provided there are no gaps exceeding three months between deductions. If there is a gap of more than three months, the series is broken and you can only claim for deductions within the three-month window before filing.

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ET3 Response Deadline

The respondent must present the ET3 within 28 days of the date the tribunal sent the ET1 to the respondent (Rule 17). Extensions of time for the response may be granted under Rule 21, but the application should be made before the deadline expires wherever possible. The consequence of failing to present a response is dealt with under Rule 22.

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Practical Tips for Calculating Time Limits

1. Identify the trigger date — this varies by claim type (EDT, date of act, date of deduction)
2. Calculate three months less one day — go forward three calendar months, then subtract one day. For example, if the EDT is 15 January, the deadline is 14 April
3. Apply the ACAS extension — calculate both Method A and Method B; use the later date
4. Calculate each claim separately — if you have multiple claims (e.g. unfair dismissal and discrimination), each has its own trigger date and extension test
5. Calculate each respondent separately — different respondents may have different ACAS certificates and different Day A/Day B dates
6. Build in a safety margin — never file on the last possible day. Administrative errors, postal delays, and IT failures are not reliable grounds for extension

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Common Mistakes to Avoid

1. Confusing the 'not reasonably practicable' and 'just and equitable' tests — they have very different thresholds
2. Failing to calculate the ACAS extension correctly using both Method A and Method B
3. Treating a one-off act with continuing consequences as a continuing act for limitation purposes
4. Forgetting that each respondent needs a separate ACAS certificate and separate time limit calculation
5. Relying on ignorance of time limits as a ground for extension when legal advice was available

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How BundleCreator Helps

When your claim proceeds to a hearing, BundleCreator's employment tribunal bundle templates help you create a properly formatted bundle with all the practitioner documents you need — chronology, cast list, skeleton argument, list of issues, and schedule of loss — automatically paginated and indexed to tribunal standards.

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Related Articles

• ACAS Early Conciliation Guide
• ET1 Claim Form: Complete Guide
• ET3 Response Form: Defending a Claim
• Employment Tribunal Bundle Guide

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This article provides general information about employment tribunal procedures in England and Wales. It is not legal advice, and BundleCreator.co is not a law firm and does not provide legal services. Before submitting any documents to the Employment Tribunal, you should seek guidance from a qualified legal representative such as a solicitor, barrister, or trade union representative. Free initial advice may also be available from Citizens Advice, ACAS, or your local Law Centre.