- Introduction
- Contract of Employment
- Disciplinary Procedures
- Employee Handbooks
- Redundancy
- Restrictive Covenants
- Unfair Dismissal
- Discrimination
- Equal Pay
- Maternity Leave
- Holidays
- Compromise Agreements
- Employment Tribunals
- Bringing a Claim
- The Claim
- Reply To The Claim
- ACAS
- Directions
- Hearings
- Remedies
- Review & Costs
- Press Articles
- Contact The Team
The Claim
Although it may be extended in certain circumstances, in the majority of
cases the Claim Form must be presented to the Tribunal before the end
of the period of 3 months from the date of the act complained of. The
act will usually be the date of dismissal, the date the discriminatory act
took place etc.
It is important to bear in mind the claim must be presented 'before the
end of the period' of 3 months before the date of the act complained of.
For example, if an employee was dismissed on 24 February the claim
must be presented to the Tribunal 'before the end of' the period of 3
months of the date of dismissal. 3 months would be 24 May. The claim
must therefore be received by the Tribunal before this date. The last
day would therefore be 23 May. If this date falls on a weekend or
public holiday you should make sure the Tribunal receives the Claim
Form at least no later than the last working day before the weekend
or public holiday.
In some circumstances the Tribunal can extend the time limit. For
example where an employee has resigned and claims constructive
dismissal, if he/she has not followed the statutory grievance procedure
and has not sent a grievance letter to the employer, he/she must send
such a letter to the employer before the Tribunal will issue the claim.
However, the time limit will be extended for 3 months from the date
the grievance letter is sent to the employer.
Provided the Tribunal accepts the claim a copy is sent, together with
a form for replying, to the Respondent.