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Key steps for running a sex discrimination claim
An introduction to some of the key steps which need to be followed when preparing a sex discrimination case for an employment tribunal.
9. Time Limits for Employment Tribunal claims
Released 8th May, 2012|6,163 Views
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It is essential that the tribunal Claim form arrives at the tribunal office on or before the deadline.
Different Claims have different rules about time-limits. Discrimination Claims are particularly complicated. The following is only a brief summary. For more detailed information seek advice from an employment adviser or look at other sources of help.
For all claims at the employment tribunal, the time-limit is 3 months less 1 day from the act of discrimination, for example:-
- dismissal due to pregnancy on 3rd June 2010. Last day for presenting Claim – 2nd September 2010.
- decision not to promote Claimant because she is pregnant. Decision made 10th May 2010. Last day for presenting Claim – 9th August 2010.
If the Claimant wants to complain about several discriminatory actions, she must count the time from each action. So time will run from the date of the earliest event.
For example, if the employer decided on 10th May 2010 not to promote the Claimant due to her pregnancy and on 3rd June 2010, dismissed her because of her pregnancy, the time-limit for keeping both Claims in time is 9th August 2010.
The Claimant can refer to earlier incidents which are out of time as supporting evidence.
In some situations, the discrimination amounts to a continuing action, in which case, time continues to run until the discriminatory action stops or the Claimant leaves the employment, for example:-
- On 3rd March 2010, the Claimant asks her employer (a Bank) for a subsidised mortgage. The Bank refuses on grounds that its subsidised mortgage scheme is only available to full-timers. The Claimant is a part-timer. Ideally, the Claimant would bring an indirect sex discrimination case on or before 2nd June 2010, but she fails to do so. The Claimant leaves the Bank on 5th July 2010. Right up to the date she leaves, the Bank maintains the same rule for access to subsidised mortgages. She can Claim continuing discrimination, for which the time-limit is 4th October 2010, ie 3 months less 1 day from her leaving date, the last date when the discrimination applied to her.
The tribunal has a discretion to allow in late Claims (those outside the time-limit) if it is ‘just and equitable’ to do so. It will take into account various factors including the reasons the Claim is late, how late it is, whether the employer is prejudiced by the lateness, and whether it looks like a good Claim.
It is hard to get the tribunal to allow in late Claims. Never let a deadline pass relying on this.
Time limits can be tricky and it is often a good idea to get specialist advice.
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