Employment Tribunal Time Limits and ACAS Early Conciliation 2026
Most employment tribunal claims must be started within 3 months less one day of the event complained of — but ACAS Early Conciliation can pause the clock. Here's exactly how the deadlines and extensions work.
Why time limits matter so much
Employment tribunal time limits are applied strictly — far more strictly than many people expect. Missing the deadline by even a single day can mean losing the right to bring an otherwise strong claim entirely, since tribunals have only limited discretion to extend time. Understanding exactly how the clock works — including the effect of ACAS Early Conciliation — is essential before deciding when to act.
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Open Notice Period calculatorThe standard time limit: 3 months less one day
For most individual employment claims — including unfair dismissal, unlawful deduction from wages, and most discrimination claims — the time limit is 3 months less one day from the date of the act complained of.
| Claim type | Typical time limit |
|---|---|
| Unfair dismissal | 3 months less 1 day from the effective date of termination |
| Unlawful deductions from wages | 3 months less 1 day from the date of the deduction (or the last in a series) |
| Discrimination | 3 months less 1 day from the act complained of (or last in a continuing course of conduct) |
| Redundancy pay claims (against the employer) | 6 months from the date the employment ended |
| Equal pay claims | Generally 6 months from the end of the employment |
ACAS Early Conciliation — a compulsory first step
Before lodging most tribunal claims, you must first notify ACAS (Advisory, Conciliation and Arbitration Service) of your intention to claim. ACAS will then offer a conciliation period — generally up to 6 weeks, though this can sometimes be extended by mutual agreement — during which it tries to help the parties reach a settlement without needing to go to tribunal at all.
What Early Conciliation involves
- You submit an Early Conciliation notification to ACAS (online or by phone), providing basic details of yourself and the employer.
- ACAS contacts both parties and, if both are willing, facilitates conciliation discussions.
- If a settlement is reached, the matter ends there (often via a COT3 agreement, a form of settlement specific to ACAS-conciliated disputes).
- If no settlement is reached, or one party doesn't engage, ACAS issues an Early Conciliation Certificate, which you need before you can submit your tribunal claim (Form ET1).
How Early Conciliation affects your time limit
| Stage | Effect on the clock |
|---|---|
| Before starting Early Conciliation | Normal 3-month-less-a-day clock runs as usual |
| During Early Conciliation | Clock is paused (day count stops) |
| After the Early Conciliation Certificate is issued | Clock resumes, generally with a minimum further period allowed to submit the claim, even if the original 3-month deadline would otherwise have already passed |
The exact mechanics can be technical, especially if Early Conciliation starts very close to (or after) the original deadline — if in doubt, don't leave notifying ACAS until the last minute.
What happens if you miss the deadline
A claim submitted after the time limit can be rejected as out of time. Tribunals have only limited discretion to accept a late claim:
| Claim type | Test for allowing a late claim |
|---|---|
| Unfair dismissal and similar claims | Only if it was not reasonably practicable to claim in time (a strict test) |
| Discrimination and some other claims | A more flexible "just and equitable" test, though still not a low bar |
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Open Redundancy Pay calculatorCan you start Early Conciliation before employment ends?
In some circumstances, yes — certain claims can be notified to ACAS even before your notice period ends or your employment officially terminates, though the specific rules around timing (particularly for claims that only "crystallise" on the actual termination date) can be genuinely complex. If your situation is close to a deadline or the timing is unclear, it's worth getting advice rather than guessing.
Practical tips
- Calculate your deadline as soon as the relevant event happens (e.g. the date of dismissal), rather than waiting.
- Start ACAS Early Conciliation promptly — don't wait until close to your deadline, since the extension mechanics can be complex if you cut it fine.
- Keep a clear record of key dates: the event complained of, when you notified ACAS, and when the Early Conciliation Certificate was issued.
- If you're unsure whether your claim type has a 3-month or 6-month limit, check carefully — getting this wrong is a common and costly mistake.
Use the redundancy pay calculator and notice period calculator to check your entitlements while you're within the time limit to bring a related tribunal claim.
Frequently asked questions
How long do I have to bring an employment tribunal claim?
Most claims, including unfair dismissal and unlawful deductions from wages, must be started within 3 months less one day of the act complained of (or the last in a series of acts/deductions). Some claims, such as equal pay, have a different time limit (generally 6 months).
What is ACAS Early Conciliation and is it compulsory?
ACAS Early Conciliation is a compulsory first step before most employment tribunal claims can be lodged. You must notify ACAS of your intention to claim, and ACAS will offer a period (up to 6 weeks, sometimes extendable) to try to resolve the dispute before you're issued a certificate allowing you to proceed to tribunal if unresolved.
Does Early Conciliation extend my time limit to bring a claim?
Yes. The normal 3-month time limit clock is paused (stops running) for the period you're in Early Conciliation, and in some circumstances the deadline is extended by a further period after conciliation ends, to ensure the process doesn't itself cause you to miss your deadline.
What happens if I miss the tribunal time limit?
Your claim can be rejected as out of time. A tribunal has limited discretion to allow a late claim in certain circumstances — for unfair dismissal-type claims, only if it wasn't 'reasonably practicable' to claim in time, which is a fairly strict test; other claim types use a more flexible 'just and equitable' test.
Can I start Early Conciliation before my employment actually ends?
In some circumstances, yes — for certain claims you can start the Early Conciliation process even before your notice period ends or your effective date of termination, though the specific timing rules can be complex and it's worth checking carefully or getting advice.
Do all types of employment claim require Early Conciliation first?
No, there are some limited exceptions (for example, certain claims already part of existing tribunal proceedings, or specific technical exceptions), but the large majority of individual employment claims — unfair dismissal, discrimination, unpaid wages, and others — do require Early Conciliation first.
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