Employment tribunal time limits (2026): Deadlines, exceptions, and extensions

Employment tribunal claims in England, Wales, and Scotland are subject to strict time limits that determine whether your claim will be accepted for hearing. Most claims must be presented within three months of the event giving rise to the claim. Presenting a claim even one day late may result in dismissal, unless specific exceptions apply or the tribunal exercises discretion to extend time. For detailed guidance on your specific situation, consult an employment solicitor, who can assess whether your claim falls within standard timescales or qualifies for extension under the “just and equitable” test.

Continue reading to understand how deadlines are calculated, which claims carry different time limits, and when extensions may be granted.

Employment tribunal time limit calculator: How the 90-day deadline works

The employment tribunal time limit runs from the date of the triggering event, not from when you became aware of your rights. For dismissal, this is the effective date of termination; for discrimination or harassment, the clock starts from the date of the last act complained of.

How the three-month period is calculated:

• The date of dismissal, discrimination, or breach does not count as day one; day one is the following calendar day.
• All days are included (weekends, bank holidays, and leap year dates).
• The deadline falls on the same numbered day three months later (15 January becomes 15 April).
• If the final day falls on a weekend or bank holiday, electronic submission extends to the next working day; posted claims must arrive by the actual deadline date.
• Time is paused when you notify ACAS for early conciliation; the three-month deadline resumes running when ACAS issues a certificate, for a period equal to the balance remaining at notification.
• “Presented” means received by the employment tribunal office, not sent by post on that date; electronic submission must be received by midnight on the deadline.
• Claims submitted via post on the deadline date but arriving after may face rejection; sending electronically at 23:50 is acceptable, but posting carries timing risk.

Employment tribunal time limit exceptions: Claims with separate deadlines

Not all claims follow the standard 90-day framework; redundancy payment claims require presentation within six months, wages act claims operate under three-month limits from different triggering dates than dismissal, and discrimination claims run from the last discriminatory act rather than the first; potentially extending your deadline if conduct was repeated or continuing.

Claims with modified or separate time limits:

• Whistleblowing detriment: three months from date of detriment, not dismissal.
• Redundancy payments: six months from relevant date (when the right accrued).
• National minimum wage underpayment: three months from date of underpayment.
• Failure to provide payslips: no time limit (can be claimed throughout employment and six years after).
• Breach of contract claims (arising from employment or termination): three months from date of breach.
• Wages Act claims (unlawful deductions from pay): three months from date of each deduction; multiple deductions create separate deadlines.
• Discrimination claims under the Equality Act 2010: three months from the last discriminatory act (not the first); if conduct was repeated or continuing, the deadline runs from the final act.
• Continuing conduct extends discrimination deadlines: A single discriminatory decision followed by failure to remedy it, repeated harassment, or discriminatory pay treatment across multiple cycles may extend the deadline.

Extending time limits employment tribunal: When the tribunal may grant extension

The Employment Tribunals Act 1996 empowers tribunals to extend time limits in unfair dismissal, redundancy, and discrimination claims if the tribunal considers it “just and equitable” to do so; the tribunal applies statutory criteria rather than unfettered discretion.

Circumstances that generally favour granting an extension:

• The employer actively misled you about your rights or the deadline.
• A solicitor or ACAS conciliation service provided incorrect information about the deadline or your rights.
• You reasonably believed your grievance was being resolved informally and that tribunal action was unnecessary.
• You received professional advice that your claim did not fall within the tribunal’s jurisdiction (later proved incorrect).
• A significant language barrier or disability prevented timely presentation, despite reasonable efforts to obtain assistance.
• The length of delay was minimal (days rather than weeks) and attributed to administrative or technical failure rather than negligence.
• You were incapacitated (serious mental health crisis, hospitalisation, or significant disability) and could not present the claim yourself or instruct others to do so.

How to avoid your employment tribunal claim being struck out: Procedural safeguards

Employment tribunal claims are struck out primarily for missing the time limit, but filing errors and procedural failures also trigger dismissal.

How claims are commonly struck out:

• Missing the time limit is the primary cause; submit electronically by midnight on the deadline, not by post.
• Missing the ACAS certificate number on your ET1 form may cause procedural rejection; reference your certificate accurately.
• Duplicate claims (submitting the same claim twice) risk strike-out of the second submission; keep your submission confirmation number safe.
• Presenting a claim outside the tribunal’s jurisdiction (e.g. some contractual claims above £30,000) may be dismissed on jurisdictional grounds.
• Failure to obtain an ACAS early conciliation certificate results in automatic rejection for most claims; notify ACAS before submitting your tribunal form.
• Incomplete or illegible ET1 claim forms cause automatic rejection; ensure all mandatory fields are completed, names are spelled correctly, and dates are accurate.
• Presenting a late claim without credible “just and equitable” justification leaves it vulnerable to strike-out; submit late claims with detailed written explanation of the delay.

FAQs

Does the three-month deadline include the month in which the event occurred?

Yes. If you were dismissed on 15 January 2026, day one of the period is 16 January, and the deadline is 15 April 2026. The month of dismissal counts within the 90-day window.

If I submit my claim on the deadline date by email, is it accepted, or must it arrive before midnight?

The tribunal accepts claims submitted electronically by midnight on the deadline date. Claims must be received (not merely sent) by the tribunal office system; submitting at 23:50 on the deadline is acceptable.

Can I extend the time limit simply by asking the tribunal politely in my claim form?

No. You must provide specific reasons why extension is “just and equitable,” referencing the delay length, your reasons, and your awareness of the deadline. A bare request without explanation will generally be refused.

Employment tribunal time limits operate as jurisdictional deadlines: once the deadline passes, your claim generally cannot be heard unless exceptional circumstances justify extension under the “just and equitable” test. Calculate the deadline from the relevant event date, not from your awareness. For discrimination claims, identify the last act in any alleged course of conduct. If you have missed a deadline, seek legal advice promptly.

This guidance is not legal advice; consult a qualified employment solicitor for your specific circumstances.

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KEY TAKEAWAYS:

• Most claims must be presented within three months of the triggering event (not your awareness). Time runs continuously including weekends; “presented” means received by the tribunal, not sent by post.
• Redundancy claims allow six months; discrimination claims run from the last act (potentially extending your deadline). Misidentifying the triggering date is a common cause of rejection.
• The tribunal may extend time if “just and equitable,” but ignorance of the deadline or procrastination alone does not justify it. You must show circumstances beyond your control prevented timely presentation.