Employment law time limit: How long do you have to make a claim?

In discrimination claims, the Employment Tribunal may extend the time limit for submitting a claim where it considers that it is just and equitable to do so.

For most claims the time limit is three months, subject to any extension for the ACAS Early Conciliation process. If a claim is not submitted within this window, the Employment Tribunal may refuse to accept the claim.

However, it may extend the time limit where it considers that it is just and equitable to do so.

The case of Owen v Network Rail Infrastructure Limited considered whether the Employment Tribunal was required to see evidence in support of an extension, before exercising its discretion to do so on the basis it was just and equitable.

The Claimant worked for Network Rail as a signaller. She brought a number of complaints relating to sex discrimination and harassment. The harassment and discrimination she complained of took place up to May 2017.

The Claimant went off sick from November 2017 to February 2020, due to the way her grievance had been handled.

The Tribunal found that the events up to May 2017 were discriminatory, but that the way the grievance had been conducted was not, which meant there was no “continuing act” of discrimination. This meant the acts which took place up to May 2017 were out of time.

The Employment Tribunal concluded that, as the Claimant had provided no evidence as to why the time limit should be extended, it could not do so.

The EAT held that the Tribunal’s reliance on the lack of evidence presented by the Claimant as a reason not to extend the time limit was wrong.

Although the lack of evidence was a factor, it was not a decisive factor in refusing to consider an extension.

The case has been sent back to the Tribunal for reconsideration of the point.