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- Employment Tribunal
A discrimination claim within the employment tribunal, must be commenced within
three months of the act or omission occurring.
Where discrimination has occurred over a period of of time, a tribunal may in certain
circumstances consider there to have been a continuing act or a linked series of
acts. Time then runs from the last date of the continuing act or last linked act.
Claims relating to unfair dismissal, constructive dismissal and wrongful dismissal,
must be commenced in the Employment Tribunal, within three months of the effective
date of termination.
Claims relating to an employer's refusal to allow paternal leave, maternity, paternity, adoption leave and flexible working must be commenced within three months of the
of the act or omission complained of.
There are numerous other claims, which may be commenced in the Employment Tribunal,
the vast majority of claims must be commenced within 3 months of the matter complained
of occurring. There are, however, some variation in certain circumstances and you
are advised to check as early as possible the time limits applicable to your individual
claim.
The Statutory Dispute Resolution Procedures now requires an employee to write a
letter to his employer to commence the Statutory Grievance Procedure and then wait
28 days before commencing a claim in the Employment Tribunal.
In certain circumstances,
this may have the effect of extending the time within which a claim can be commenced
in the Employment Tribunal.
The Tribunal is able to exercise its discretion to extend time to allow in a claim
which is out of time, where it is "just and equitable" to do so, or it was not "reasonably
practicable" for the claimant to have commenced his claim within the time limit.
- Civil Courts
A claim for breach of an employment contract can be commenced in either the County
Court or High Court, depending on the value and complexity of the claim. A breach
of contract claim must be commenced within six years of the breach complained of.
A personal injury claim must as a general rule
be brought within three years
of the injury occurring.
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