Employment Tribunal Time Limits: 3 Months Less a Day

Most employment tribunal claims, including unfair dismissal and discrimination, must currently be lodged within 3 months less one day of the act complained of, rising to 6 months from 1 October 2026. Redundancy pay and equal pay claims already get 6 months, and mandatory ACAS Early Conciliation pauses the clock before any deadline runs out.
The Standard Time Limit: 3 Months Less One Day
For most employment tribunal claims, the time limit is 3 months less one day from the act complained of. This applies to unfair dismissal, where the clock starts on the effective date of termination (the last day of employment or, where notice was worked, the day it expires); to discrimination claims under the Equality Act 2010, where it runs from the date of the discriminatory act, or the last act in a continuing course of conduct; and to unlawful deduction of wages claims under the Employment Rights Act 1996, where it runs from the date of the deduction, or the last in a series of deductions. The "less one day" wording matters in practice: a claimant who waits until exactly 3 months after the triggering date has already missed the deadline, so it is safer to treat the limit as slightly shorter than 3 months rather than a round figure.
Redundancy Pay and Equal Pay: A Longer 6-Month Window
Two claim types get a longer deadline. A claim for statutory redundancy pay must generally be brought within 6 months of the date employment ended, rather than the usual 3 months less one day. Equal pay claims under the Equality Act 2010 also carry a 6-month time limit, generally running from the end of the employment relationship the claim relates to. This longer window does not extend the deadline for a linked claim of a different type. Someone dismissed and denied equal pay in the same situation still has only 3 months less one day to bring the unfair dismissal or discrimination element, even though the equal pay element runs for 6 months, so each deadline in a mixed case needs working out separately.

The Time Limit Is Extending to 6 Months from 1 October 2026
From 1 October 2026, the Employment Tribunal (Extension of Time Limits) (Miscellaneous Amendments and Transitional Provisions) Regulations 2026 extend the standard time limit for most tribunal claims, including unfair dismissal, discrimination and unlawful deduction of wages, from 3 months less one day to 6 months. This is a dated, upcoming change, not the current rule: today, and for any claim where the relevant act (such as the dismissal, or the last act in a continuing course of conduct) falls before 1 October 2026, the existing 3-months-less-a-day limit still applies in full. Where a claim involves a series of similar acts, the extended limit applies only if the last act in the series falls on or after 1 October 2026. In Scotland, the equivalent extension for breach-of-employment-contract claims takes effect slightly later, from 9 November 2026. Redundancy pay and equal pay claims already use a 6-month limit and are unaffected by this change. Mandatory ACAS Early Conciliation continues to pause the clock under the extended limit in the same way it does now.
ACAS Early Conciliation: Why and How the Clock Pauses
Before issuing most tribunal claims, you must first notify ACAS (the Advisory, Conciliation and Arbitration Service) and go through Early Conciliation; a tribunal will normally reject a claim submitted without an Early Conciliation certificate number, aside from a small number of exempted claim types. Early Conciliation exists to give both sides a chance to resolve the dispute without a hearing, and it directly affects the deadline. The period between the day you contact ACAS and the day the Early Conciliation certificate is issued does not count towards the time limit, so the clock stops for that stretch. Where the standard deadline would otherwise fall during conciliation, or shortly afterward, the rules extend it so you have at least one month from the day after the certificate is received to lodge a claim. In practice, this means contacting ACAS well before the 3-month mark, since a late start to conciliation leaves little of that extra month to work with. Details at ACAS: Early conciliation.
Time Limits by Claim Type
| Claim type | Time limit (act before 1 October 2026) | Time limit (act on or after 1 October 2026) | Runs from |
|---|---|---|---|
| Unfair dismissal | 3 months less 1 day | 6 months | Effective date of termination |
| Discrimination (Equality Act 2010) | 3 months less 1 day | 6 months | Date of the act, or the last act in a continuing course of conduct |
| Unlawful deduction of wages | 3 months less 1 day | 6 months | Date of the deduction, or the last in a series |
| Statutory redundancy pay | 6 months | 6 months (unchanged) | Date employment ended |
| Equal pay (Equality Act 2010) | 6 months | 6 months (unchanged) | Generally, the end of the employment relationship |

Every deadline above is subject to the ACAS Early Conciliation stop-the-clock effect described above. The second column reflects the Employment Tribunal (Extension of Time Limits) (Miscellaneous Amendments and Transitional Provisions) Regulations 2026 and applies only where the relevant act falls on or after 1 October 2026 (9 November 2026 for breach-of-contract claims in Scotland); where a series of similar acts is involved, it applies only if the last act in the series is on or after that date. Anything based on an earlier act still uses the first column.
Can a Late Claim Still Be Accepted? Two Different Tests
Tribunals have limited discretion to accept a claim brought after the deadline, but the test differs by claim type and it is not a formality. For unfair dismissal, a tribunal can only extend time where it was not reasonably practicable to present the claim within 3 months less one day, and then only for such further period as the tribunal considers reasonable. This is a narrow test; simply not knowing about the time limit, or general uncertainty, rarely satisfies it on its own. For discrimination claims, the test is different and somewhat wider: a tribunal may extend time where it considers it just and equitable to do so, weighing factors such as the length of and reason for the delay and any prejudice to either side. Both tests give the tribunal discretion, not an obligation, to admit a late claim, and neither should be relied on as a fallback. Treat the deadline itself as the real limit.
What Happens If You Miss the Deadline
Missing the time limit usually ends the claim before it is heard on its merits. An employer can, and typically will, ask the employment tribunal to strike out or reject a claim brought late, often at an early preliminary hearing, and if no extension applies the tribunal generally has no power to hear the substance of the dispute at all, however strong it might otherwise have been. This is why the practical advice is to notify ACAS as soon as a problem arises, rather than waiting to see whether it resolves informally. Early Conciliation can always end early if a settlement is not realistic, but it cannot be started retroactively once the underlying deadline has already passed.
Northern Ireland: Broadly Similar Deadlines, Different Institutions
Northern Ireland does not use the Employment Tribunal or ACAS. Claims are heard by the Industrial Tribunal (and the Fair Employment Tribunal for some discrimination claims), and pre-claim conciliation is provided by the Labour Relations Agency (LRA) rather than ACAS. Northern Ireland legislates separately, and its time limits broadly mirror the Great Britain position described above, including a standard 3-months-less-a-day limit and a stop-the-clock effect during LRA conciliation, but the detail sits under its own statutes. Anyone bringing a claim in Northern Ireland should confirm the current deadline directly with the LRA rather than assume the GB rules apply exactly.

For the wider tribunal process, see Employment Tribunal: Process, Time Limits, No Fees. For the wider employment rights picture, see the UK employment law hub and the United Kingdom country hub. Related guides include unfair dismissal and workplace discrimination.
This article is general information about employment tribunal time limits in Great Britain, not legal advice. Whether a specific deadline has passed, and whether an extension might apply, can turn on the exact facts of a case; consult ACAS, the tribunal, or a qualified solicitor before acting on your specific situation.
Frequently Asked Questions
What is the time limit to bring an employment tribunal claim?
For most claims, including unfair dismissal, discrimination and unlawful deduction of wages, the time limit is currently 3 months less one day from the act complained of, such as the effective date of termination for a dismissal claim. From 1 October 2026 this extends to 6 months for claims based on an act on or after that date.
Is the employment tribunal time limit changing?
Yes. From 1 October 2026, the standard time limit for most claims extends from 3 months less one day to 6 months, under the Employment Tribunal (Extension of Time Limits) (Miscellaneous Amendments and Transitional Provisions) Regulations 2026. It only applies where the relevant act falls on or after 1 October 2026 (9 November 2026 in Scotland for breach-of-contract claims); a claim based on an earlier act still uses the 3-months-less-a-day limit.
Does contacting ACAS stop the time limit running?
Yes. Starting ACAS Early Conciliation pauses the clock for the period conciliation runs, and if the deadline would otherwise fall during or shortly after conciliation, you get at least one month from the day after the Early Conciliation certificate is issued to lodge a claim.
What is the time limit for a redundancy pay claim?
A statutory redundancy pay claim must generally be brought within 6 months of the date employment ended, a longer window than the standard 3-months-less-a-day limit used for unfair dismissal and discrimination claims.
What is the time limit for an equal pay claim?
Equal pay claims under the Equality Act 2010 also carry a 6-month time limit, generally running from the end of the employment relationship the claim relates to.
Can I still bring a claim after the deadline has passed?
Sometimes, but it is not guaranteed. Unfair dismissal claims can only be extended where it was not reasonably practicable to claim in time; discrimination claims can be extended where a tribunal considers it just and equitable. Both are narrow, discretionary tests, not a routine second chance.
What does 3 months less one day actually mean?
It means the deadline is one day short of a full 3 months from the triggering date, so a claimant who waits until exactly 3 months later has already missed it. Treat the limit as slightly shorter than 3 months rather than a round figure.
Does Northern Ireland use the same time limits?
Northern Ireland's Industrial Tribunal system and Labour Relations Agency conciliation broadly mirror the Great Britain time limits, but Northern Ireland legislates separately, so the exact deadline should be confirmed with the LRA rather than assumed.
Do I need an Early Conciliation certificate to bring a claim?
Yes, for most claim types. A tribunal will normally reject a claim submitted without an Early Conciliation certificate number, aside from a small number of exempted claims, so contacting ACAS is a mandatory first step, not an optional one.
Updates
The standard employment tribunal time limit for most claims, including unfair dismissal, discrimination and unlawful deduction of wages, extends from 3 months less one day to 6 months, under the Employment Tribunal (Extension of Time Limits) (Miscellaneous Amendments and Transitional Provisions) Regulations 2026. It applies only where the relevant act falls on or after 1 October 2026; breach-of-contract claims in Scotland move to 6 months from 9 November 2026 instead.
Sources and References
- Employment Rights Act 1996(legislation.gov.uk).gov
- Equality Act 2010(legislation.gov.uk).gov
- gov.uk: Employment tribunals(gov.uk).gov
- ACAS: Early conciliation(acas.org.uk)
- Labour Relations Agency (Northern Ireland)(lra.org.uk).gov
- The Employment Tribunal (Extension of Time Limits) (Miscellaneous Amendments and Transitional Provisions) Regulations 2026(legislation.gov.uk).gov