The LawWorks Clinics Team has prepared these tables of limitations setting out key time limits.
Contents
- Introduction
- Table 1: Limitation periods (non-employment law)
- Table 2: Employment law limitation periods
- Resources and downloads
A pdf version of this guidance is available for download at the bottom of this page.
Introduction
Limitation periods impose time limits within which a party may bring a claim or give notice of a claim to the other party. It is important that clients are appraised of all relevant limitation dates. Below is a table setting out various time limits with the type of claim (e.g. Simple contract claim, 6 years). For time limits in respect of Employment Tribunal claims see Table 2.
Table 1: Limitation periods (non-Employment Tribunal)
Contract
Type of Claim |
Time Limit |
Source |
Simple contract (i.e. all contracts which are not made under seal) |
6 years from the date the cause of action accrued |
s 5 of the Limitation Act (LA) 1980 |
Action upon a speciality (i.e. debt) (e.g. a contract under seal, bond, deed or covenant) |
12 years from the date the cause of action accrued |
s 8 of the LA 1980 |
Land
Type of Claim |
Time Limit |
Source |
---|---|---|
Action to recover land |
12 years from the date the cause of action accrued |
s15 of the LA 1980 |
Action to recover rent |
6 years from the date the arrears became due |
s19 of the LA 1980 |
Action to recover proceeds of sale of land |
12 years from the date the right to receive the money accrued |
s20 of the LA 1980 |
Action to recover money secured by a mortgage or charge |
12 years from the date the right to receive the money accrued |
s20 of the LA 1980 |
Action to recover arrears of interest due (in respect of any sum of money secured by a mortgage or charge) |
6 years from the date interest became due |
s20 of the LA 1980 |
Tort
Type of Claim |
Time Limit |
Source |
Tort (other than personal injury, actions under the Consumer Protection Act 1987, latent damage and defamation) |
6 years from the date the cause of action accrued |
s2 of the LA 1980 |
Personal injury
Type of Claim |
Time Limit |
Source |
Claim for personal injury or death |
3 years from whichever is later of (a) the date of accrual of the cause of action (b) the date of knowledge of the person
The court has discretion to exclude this time limit if it would be equitable to do so |
s11 and s12 of the LA 1980
s33 of the LA 1980 |
Actions under the Consumer Protection Act 1987
Type of Claim |
Time Limit |
Source |
Action in respect of a defective product |
Subject to the overriding time limit, 3 years from whichever is the later of (a) the date of accrual of action (b) the date of knowledge In any event, the action must be brought within 10 years from the date on which the defective product was supplied by someone to whom section 2(2) of the Consumer Protection Act 1987 applies |
s11A(3) and (5) of the LA 1980
s2(2) of the Consumer Protection Act 1987 |
Latent Injury
Type of Claim |
Time Limit |
Source |
Claim for latent injury caused by negligence (excluding personal injury) |
Subject to the overriding time limit, the later of: (a) 6 years from the date on which the cause of action accrued; or (b) 3 years from the date when the claimant first had both the knowledge required for bringing an action for damages and a right to bring such an action In any event, the action must be brought within 15 years from the date on which the negligent act or omission occurred |
s14A(4) of the LA 1980
s14B of the LA 1980 |
Defamation and malicious falsehood
Type of Claim |
Time Limit |
Source |
Action for libel, slander or malicious falsehood |
1 year from the date on which the cause of action accrued The court has discretion to exclude this time limit if it would be equitable to do so |
s4A of the LA 1980 s32A of the LA 1980 |
Miscellaneous statutory claims
Type of Claim |
Time Limit |
Source |
Claim for contribution under the Civil Liability (Contribution) Act 1978 |
2 years from the date of judgement (i.e. when quantum is determined) or settlement (i.e. the date on which the amount of compensation is agreed) |
s10(1) of the LA 1980 |
Claim under the Defective Premises Act 1972 |
6 years from the date of the completion of the building If after completion a person who has done work for or in connection with the provision of the dwelling does further work to rectify the work they have already done, any such cause of action in respect of that further work is deemed to have accrued at the time when the further work was finished. |
s9 of the LA 1980; s1(5) of the Defective Premises Act 1972 |
Administrative law and human rights
Type of Claim |
Time Limit |
Source |
Judicial review |
The claim form must be filed (a) promptly; and (b) in any event not later than 3 months after the ground to make the claim first arose
The court has the discretion to extend this time period under CPR 3.1(2)(a). The time limit may be shortened by any other statutory enactment. |
Civil procedure rules (CPR) 54.5(1)
CPR 54.5(3) |
Claim against a public authority under the Human Rights Act 1998 |
1 year beginning with the date on which the act complained of took place
The court or tribunal has discretion to extend this period if it is equitable to do so having regard to all the circumstances |
s7(5)(a) of the Human Rights Act 1998 s7(5)(b) of the Human Rights Act 1998 |
Fraud
Type of Claim |
Time Limit |
Source |
Postponement of limitation period in the case of fraud |
Time will start to run when the claimant discovers the fraud, or when he could, with reasonable diligence, have discovered it. |
s32 LA |
Table 2: Employment Tribunal limitation periods
The table below sets out the principal limitations periods for Employment Tribunal causes of action. For limitation periods in respect of other types of claim see Table 1 and the relevant legislation.
ACAS early conciliation
Early Conciliation (EC) became available on 6 April 2014 and, following a transitional period, became mandatory in respect of claims presented on or after 6 May 2014. Claims to which EC applies cannot be brought in the ET until EC procedure has been gone through and the Claimant has obtained an ACAS reference number. Where a claim is for relevant proceedings to which early conciliation applies, the time limit to present the claim may be extended to take account of the early conciliation period. Failure to undertake EC may lead to a claim being out of time.
Termination of employment
Statutory right |
Statutory reference |
Time limit for complaint |
Qualifying period |
Written reasons for dismissal |
Section 92, ERA 1996 |
3 months starting with the effective date of termination (EDT). The employment tribunal (ET) may extend time where it was "not reasonably practicable" to present the claim in time. |
1 or 2 years (depending on Commencement date) |
Unfair dismissal |
Section 94, ERA 1996 |
3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time. |
1 or 2 years (depending on Commencement date) |
Unfair dismissal for a reason connected with medical suspension |
Section 108(2), ERA 1996 |
3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time. |
1 month |
Unfair dismissal for a reason connected with pregnancy, childbirth, maternity leave, parental leave or dependent care leave |
Section 99, ERA 1996 |
3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time. |
None |
Unfair dismissal for a health and safety reason |
Section 100, ERA 1996 |
3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time. |
None |
Unfair dismissal of a shop or betting worker for refusing to work on a Sunday |
Section 101, ERA 1996 |
3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time. |
None |
Unfair dismissal for a reason connected with the Working Time Regulations 1998 |
Section 101A, ERA 1996 |
3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time. |
None |
Unfair dismissal for performing functions as an occupational pensions trustee |
Section 102, ERA 1996 |
3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time. |
None |
Unfair dismissal for performing functions as an employee representative |
Section 103, ERA 1996 |
3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time. |
None |
Unfair dismissal related to making a protected disclosure |
Section 103A, ERA 1996 |
3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time. |
None |
Unfair dismissal for asserting a statutory right |
Section 104, ERA 1996 |
3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time. |
None |
Unfair dismissal related to the national minimum wage |
Section 104A, ERA 1996 |
3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time. |
None |
Unfair dismissal related to enforcing right to working tax credits |
Section 104B, ERA 1996 |
3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time. |
None |
Unfair dismissal related to jury service |
Section 98B, ERA 1996 |
3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time. |
None |
Unfair dismissal related to the establishment of, or participation in, a European Works Council or information and consultation procedure |
Regulation 28, Transnational Information and Consultation of Employees Regulations 1999 (SI 1999/3323) and regulation 30, Information and Consultation of Employees Regulations 2004 (SI 2004/3426) |
3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time. |
None |
Unfair dismissal for taking part in official industrial action |
Section 238A, TULRCA |
6 months from the complainant's date of dismissal. |
None |
Unfair dismissal for membership, participation or refusal to join a trade union |
Sections 152 and 153, TULRCA |
3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time. |
None |
Unfair dismissal related to a claim for union recognition |
Schedule A1, TULRCA |
3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time. |
None |
Unfair dismissal by reason of a business transfer |
Regulation 7, TUPE |
3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time. |
1 or 2 years (depending on Commencement date) |
Unfair dismissal related to status as a part-time worker |
Regulation 7, Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551) |
3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time. |
None |
Unfair dismissal related to status as a fixed term employee |
Regulation 6, Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (SI 2002/2034) |
3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time. |
None |
Unfair dismissal in relation to a request for flexible working |
Section 104C, ERA 1996 |
3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time. |
None |
Interim relief pending whistleblowing, trade union or health and safety unfair dismissal complaint |
Section 100, 101A, 102, 103, 103A, ERA or Schedule A1, TULRCA (Section 128, ERA 1996) |
7 days immediately following the EDT. No extension allowed unless deliberate fraud by the employer caused real injustice to employee (Grimes v Sutton London Borough Council 1973 ICR 240). |
None |
Unfair dismissal related to status as an agency worker |
Regulation 17, Agency Workers Regulations (2010/93) |
3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time. |
None |
Unfair dismissal where the reason or principal reason for the dismissal is, or relates to, the employee's political opinions or affiliation. |
Section 108(4), ERA 1996 |
3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time. |
None |
Unfair dismissal for a reason relating to pension auto-enrolment |
Section 104D, ERA 1996 |
3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time. |
None |
Unfair dismissal in connection with time off for study and training request rights. |
Section 104E, ERA 1996 |
3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time. |
None |
Unfair dismissal in connection with a prohibited blacklist |
Section 104F, ERA 1996 |
3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time. |
None |
Unfair dismissal for refusal to accept an offer to become an employee shareholder |
Section 104G, ERA 1996 |
3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time. |
None |
Unfair dismissal in connection with the breach of an exclusivity term in a zero hours contract |
Regulation 2, The Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015 |
3 months starting with the EDT. The ET may extend time where it was "not reasonably practicable" to present the claim in time. |
None |
Wrongful dismissal (breach of contract) |
Article 3, Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 |
In the ET, 3 months starting with the EDT or if no EDT the last day on which the employee worked. The ET may extend time where it was "not reasonably practicable" to present the claim in time. In the civil courts, 6 years from the breach of contract in England and Wales, 5 years in Scotland. |
None |
Families and pregnancy
Statutory right |
Statutory reference |
Time limit for complaint |
Qualifying period |
Right to 26 weeks ordinary maternity leave (OML) |
Section 71, ERA 1996 |
As applicable, depending on the circumstances |
None |
Right to unpaid additional maternity leave (AML) lasting 26 weeks from maternity leave |
Section 73, ERA 1996 |
As applicable, depending on the circumstances |
6 months |
Right to be offered alternative work before maternity suspension |
Section 67, ERA 1996 |
3 months starting with the first day of suspension. The employment tribunal (ET) may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Right to be paid during maternity suspension |
Section 68, ERA 1996 |
3 months starting with the day in respect of which the claim is made. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Right not to suffer detriment in relation to pregnancy, childbirth, maternity, compulsory maternity leave, OML, AML, shared parental leave, ordinary adoption leave, additional adoption leave, paternity leave, parental leave or time off for dependants |
Section 47C, ERA 1996 |
3 months starting with the date of the last act or failure to act. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Right to 18 weeks' unpaid parental leave in respect of each child |
Regulation 13, Maternity and Parental Leave etc Regulations 1999 (SI 1999/3312) |
3 months from when the employer refuses the right. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
1 year |
Right to paid time off for antenatal care |
Section 55, ERA 1996 |
3 months starting with date of the appointment. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Right to unpaid time off to care for dependants |
Section 57A, ERA 1996 |
3 months starting with date when refusal occurred. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Redundancy, transfers and insolvencies
Statutory right |
Statutory reference |
Time limit for complaint |
Qualifying period |
The right to a statutory redundancy payment |
Section 135, ERA 1996 |
6 months starting with the "relevant date" |
2 years |
Consultation with appropriate representatives over proposed collective redundancies |
Section 188, TULRCA |
Before dismissal or 3 months starting with the date on which the dismissal takes place. The employment tribunal (ET) may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Failure to pay a protective award |
Section 190, TULRCA |
3 months starting with the last day in respect of which the complaint is made. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Consultation with appropriate representatives over a business transfer |
Regulation 13, TUPE |
3 months starting with the date of the completion of the transfer. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Failure to comply with a compensation order made for failure to inform and consult under TUPE |
Regulation 15(12), TUPE |
3 months starting with the date of the tribunal's order. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Rights on insolvency of employer |
Part XII, ERA 1996 |
3 months starting with the date of communication of Secretary of State's decision. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Discrimination and equal pay
Statutory right |
Statutory reference |
Time limit for complaint |
Qualifying period |
Right not to be treated less favourably because of age, disability, gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sex or sexual orientation |
Section 13, Equality Act 2010 (EqA 2010) |
3 months starting with the date of the act to which the complaint relates or such other period as the employment tribunal (ET) thinks is "just and equitable" |
None |
Right not to be treated unfavourably because of pregnancy or maternity |
Section 18, EqA 2010 |
3 months starting with the date of the act to which the complaint relates or such other period as the ET thinks is "just and equitable" |
None |
Right not to be indirectly discriminated against in relation to age, disability, gender reassignment, marriage or civil partnership, race, religion or belief, sex or sexual orientation |
Section 19, EqA 2010 |
3 months starting with the date of the act to which the complaint relates or such other period as the ET thinks is "just and equitable" |
None |
Right not to be treated unfavourably because of something arising in consequence of a disabled person's disability |
Section 15(1), EqA 2010 |
3 months starting with the date of the act to which the complaint relates or such other period as the ET thinks is "just and equitable" |
None |
Right not to be discriminated against by a failure to comply with a duty to make reasonable adjustments |
Section 21, EqA 2010 |
3 months starting with the date of the act to which the complaint relates or such other period as the ET thinks is "just and equitable" |
None |
Right not to be harassed by unwanted conduct related to age, disability, gender reassignment, race, religion or belief, sex or sexual orientation |
Section 26(1), EqA 2010 |
3 months starting with the date of the act to which the complaint relates or such other period as the ET thinks is "just and equitable" |
None |
Right not to be sexually harassed |
Section 26(2), EqA 2010 |
3 months starting with the date of the act to which the complaint relates or such other period as the ET thinks is "just and equitable" |
None |
Right not to be treated less favourably for rejecting or submitting to sexual harassment or harassment related to gender reassignment or sex |
Section 26(3), EqA 2010 |
3 months starting with the date of the act to which the complaint relates or such other period as the ET thinks is "just and equitable" |
None |
Right not to be victimised because of a protected act |
Section 27, EqA 2010 |
3 months starting with the date of the act to which the complaint relates or such other period as the ET thinks is "just and equitable |
None |
Right to a sex equality clause (equal pay for equal work) |
Section 66, EqA 2010 |
6 months after termination of employment (in standard cases) |
None |
Right to a maternity equality clause |
Section 73, EqA 2010 |
6 months after termination of employment (in standard cases) |
None |
Trade unions and collective issues
Statutory right |
Statutory reference |
Time limit for complaint |
Qualifying period |
Interim relief pending a claim for unfair dismissal on grounds related to union membership or activities |
Section 161, TULRCA |
7 days immediately following effective date of termination (EDT). No extension unless deliberate fraud by the employer has caused real injustice to employee (Grimes v Sutton London Borough Council 1973 ICR 240) |
None |
Right not to suffer detriment as a result of union membership or activities |
Section 146, TULRCA |
3 months starting with the date of the last act or failure to act. The employment tribunal (ET) may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Unlawful exclusion or expulsion from a union |
Section 174, TULRCA |
6 months starting with the date of exclusion/expulsion. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Compensation after a finding of unlawful exclusion or expulsion from a union |
Section 176 TULRCA |
Not earlier than 4 weeks and not later than 6 months from the date of the ET's decision. No extension unless deliberate fraud by the employer caused real injustice to employee (Grimes v Sutton London Borough Council 1973 ICR 240) |
None |
Right not to be unjustifiably disciplined by a trade union |
Section 64, TULRCA |
3 months starting with the date of the union's decision. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Compensation after a finding of unjustifiable discipline |
Section 67, TULRCA |
Not earlier than 4 weeks and not later than 6 months from the date of the Employment Tribunal's decision. No extension unless deliberate fraud by the employer caused real injustice to employee (Grimes v Sutton London Borough Council 1973 ICR 240) |
None |
Unauthorised deduction of union subscriptions |
Section 68, TULRCA |
3 months starting with the date of payment. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Refusal of employment on grounds related to union membership |
Section 137, TULRCA |
3 months starting with the date of the conduct complained of. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Refusal of service of an employment agency on grounds related to union membership |
Section 138, TULRCA |
3 months starting with the date of the conduct complained of. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Time off work
Statutory right |
Statutory reference |
Time limit for complaint |
Qualifying period |
Right to unpaid time off for public duties |
Section 50, ERA 1996 |
3 months from the date of failure to give time off. The employment tribunal (ET) may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Right to paid time off to look for work where notice of dismissal by reason of redundancy has been given |
Sections 52 and 53, ERA 1996 |
3 months starting with the day time off should have been allowed. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
2 years |
Right to paid time off for pension scheme trustees |
Sections 58 and 59, ERA 1996 |
3 months starting with the date when the failure occurred. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Right to paid time off for employee representatives |
Sections 61 and 62, ERA 1996 |
3 months starting with the day time off is taken or on which time off should have been allowed. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Right to time off for study or training (Wales and Scotland only) |
Sections 63A and 63B, ERA 1996 |
3 months starting with the day time off taken or on which time off should have been allowed. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Right to paid time off for representatives of employee safety and for candidates standing for election as such a representative |
Safety Representatives and Safety Committees Regulations 1977 (SI 1977/500) and Health and Safety (Consultation with Employees) Regulations 1996 (SI 1996/1513) |
3 months starting with the date when the failure occurred. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Right to paid time off for union duties |
Sections 168 and 169, TULRCA |
3 months starting with the date when the failure occurred. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Right to unpaid time off for union activities |
Section 170, TULRCA |
3 months starting with the date when the failure occurred. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Right not to suffer detriment in relation to taking time off for study or training |
Section 47A, ERA 1996 |
3 months starting with date of the last act or failure to act. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Right not to suffer detriment in relation to taking time off to care for dependants |
Section 47C, ERA 1996 |
3 months starting with date of the last act or failure to act. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Working time regulations 1998
Statutory right |
Statutory reference |
Time limit for complaint |
Qualifying period |
Right to daily rest breaks |
Regulation 10, Working Time Regulations 1998 (WTR) (SI 1998/1833) |
3 months from date when right should have been permitted. The employment tribunal (ET) may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Right to weekly rest breaks |
Regulation 11, WTR |
3 months from date when right should have been permitted (or, if rest period extended over more than one day, date when right should have been permitted to begin). The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Right to rest breaks during a day |
Regulation 12, WTR |
3 months from date when right should have been permitted. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Right to annual leave |
Regulation 13, WTR |
3 months from date when right should have been permitted (or, if leave extended over more than one day, date when right should have been permitted to begin). The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Right to pay in lieu of holiday on termination of employment |
Regulation 14, WTR |
3 months from date payment should have been made. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Right to pay during annual leave |
Regulation 16, WTR |
3 months from date payment should have been made. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Right not to suffer detriment in relation to working time |
Section 45A, ERA 1996 |
3 months starting with date of the last act or failure to act. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Wages
Statutory right |
Statutory reference |
Time limit for complaint |
Qualifying period |
National minimum wage (NMW) |
National Minimum Wage Act 1998 (NMWA 1988) |
As applicable, depending on the claim |
None |
Right to guarantee payment |
Section 28, ERA 1996 |
3 months starting with the day for which payment claimed. The employment tribunal (ET) may extend time where it was "not reasonably practicable" to present the claim in time |
1 month |
Itemised pay statement |
Section 8 to 12, ERA 1996 |
3 months starting with the date on which employment ceased. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Medical suspension pay |
Section 64, ERA 1996 |
3 months starting with first day of suspension |
1 month |
Unlawful deductions from wages |
Part II, ERA 1996 |
3 months from the date of the last deduction or last payment to employer. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Failure to allow access to records relating to the NMW |
Section 911, NMWA 1998 |
3 months after the period of 14 days (or longer if agreed) following receipt of the production notice |
None |
Right not to suffer detriment in relation to the national minimum wage |
Section 23, NMWA 1998 |
3 months starting with the date of the last act or failure to act. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Right not to suffer detriment in relation to payment of tax credits by the employer |
Section 27 and Schedule 1, Tax Credits Act 2002 |
3 months starting with the date of the last act or failure to act. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Contracts of employment
Statutory right |
Statutory reference |
Time limit for complaint |
Qualifying period |
Written statement of particulars of employment |
Section 1, ERA 1996 |
3 months starting with date on which employment ceased. The employment tribunal (ET) may extend time where it was "not reasonably practicable" to present the claim in time |
1 month |
Breach of contract claim by employee |
Article 3, Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 Section 5, Limitation Act 1980 |
In the ET: 3 months starting with the effective date of termination (EDT) or if no EDT the last day on which the employee worked; and 6 years from the cause of action accruing. The ET may extend time where it was "not reasonably practicable" to present the claim in time. In the civil courts, 6 years from the cause of action accruing in England and Wales, 5 years in Scotland |
None |
Breach of contract claim by employer |
Article 4, Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 |
In the ET, 28 days from receipt of employee's claim. The ET may extend time where it was "not reasonably practicable" to present the claim in time. In the civil courts, 6 years from breach of contract in England and Wales, 5 in Scotland |
None |
Atypical working
Statutory right |
Statutory reference |
Time limit for complaint |
Qualifying period |
Right not to be treated less favourably because of part-time status |
Regulation 5, Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551) |
3 months from date of less favourable treatment. The employment tribunal (ET) may extend time where it is "just and equitable" to do so |
None |
Right of part-time worker to receive written statement of reasons for less favourable treatment |
Regulation 6, Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 |
N/A |
None |
Right not to suffer detriment in relation to part-time working |
Regulation 7, Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 |
3 months starting with the date of the last act or failure to act |
None |
Right not to be treated less favourably because of fixed term status |
Regulation 3, Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (SI 2002/2034) |
3 months from date of less favourable treatment or detriment to which complaint relates, or, where act is part of a series, the last of them. The ET may extend time where it is "just and equitable" to do so |
None |
Right of fixed term employee to receive written statement of reasons for less favourable treatment |
Regulation 5, Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 |
N/A |
None |
Right of fixed term employee to be informed by employer of permanent vacancies |
Regulation 3(6), Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 |
3 months from the last date on which other individuals, whether or not employees of the employer, were informed of the vacancy. The ET may extend time where it is "just and equitable" to do so |
None |
Right of employee employed under successive fixed term contracts to be regarded as a permanent employee |
Regulation 8, Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 |
As applicable, depending on the circumstance |
None |
Right of employee employed under successive fixed term contracts to receive a written statement that he or she is a permanent employee |
Regulation 9, Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 |
As applicable, depending on the circumstance |
None |
Right not to suffer detriment in relation to fixed term employment |
Regulation 6(2), Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 |
3 months starting with the date of the last act or failure to act. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Breach of the employer's duties in respect of an employee's request for flexible working |
Section 80(H), ERA 1996 |
3 months starting with the date of the last act or failure to act. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Right to basic working and employment conditions |
Regulation 5, Agency Workers Regulations (SI 2010/93) |
3 months from the breach to which the complaint relates, or where the breach is part of a series, the last of them. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Right access to collective facilities and amenities |
Regulation 12, Agency Workers Regulations (SI, 2010/93) |
3 months from the breach to which the complaint relates, or where the breach is part of a series, the last of them. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Right of access to information about employment vacancies |
Regulation 13, Agency Workers Regulations (SI, 2010/93) |
3 months from the date, or if more than one the last date, on which other individuals were informed of the vacancy. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Right not to be subjected to any detriment for exercising rights as an agency worker |
Regulation 17, Agency Workers Regulations (SI, 2010/93) |
3 months from the breach to which the complaint relates, or where the breach is part of a series, the last of them. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Breach of terms or duties under permanent contracts providing pay between assignments |
Regulation 10, Agency Workers Regulations (SI, 2010/93) |
3 months from the breach to which the complaint relates, or where the breach is part of a series, the last of them. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Right not to suffer a detriment for breaching an exclusivity term in a zero hours contract |
Regulation 2, The Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015 |
3 months from the date of the act or failure to act to which complaint relates, or, where act is part of a series, the last of them. The ET may extend time where it is "just and equitable" to do so |
None |
Detriment
Statutory right |
Statutory reference |
Time limit for complaint |
Qualifying period |
Right not to suffer detriment in relation to health and safety |
Section 44, ERA 1996 |
3 months starting with date of the last act or failure to act. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Right not to suffer detriment in relation to Sunday working |
Section 45, ERA 1996 |
3 months starting with date of the last act or failure to act. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Right not to suffer detriment in relation to performing functions as a pension trustee |
Section 46, ERA 1996 |
3 months starting with date of the last act or failure to act. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Right not to suffer detriment in relation to performing functions as an employee representative |
Section 47, ERA 1996 |
3 months starting with date of the last act or failure to act. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Right not to suffer detriment in relation to jury service |
Section 43M, ERA 1996 |
3 months starting with date of the last act or failure to act. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Right not to suffer detriment in relation to taking time off for study or training |
Section 47A, ERA 1996 |
3 months starting with date of the last act or failure to act. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Right not to suffer detriment in relation to a protected disclosure |
Section 47B, ERA 1996 |
3 months starting with date of the last act or failure to act. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Right not to suffer detriment in relation to taking time off to care for dependants |
Section 47C, ERA 1996 |
3 months starting with date of the last act or failure to act. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Right not to suffer detriment in connection with working tax credits |
Section 47D, ERA 1996 |
3 months starting with date of the last act or failure to act. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Right not to suffer a detriment for making a request for flexible working |
Section 47E, ERA 1996 |
3 months starting with the date of the last act or failure to act. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Right not to suffer a detriment for making a request for time off for training |
Section 47F, ERA 1996 |
3 months starting with the date of the last act or failure to act. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Right not to suffer a detriment for refusing an offer to become an employee shareholder |
Section 47G, ERA 1996 |
3 months starting with the date of the last act or failure to act. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Right not to suffer detriment in relation to the right to be accompanied at a grievance or disciplinary hearing |
Section 12, ERelA 1999 |
3 months starting with date of the last act or failure to act. The ET may extend time where it was "not reasonably practicable" to present the claim in time |
None |
Miscellaneous
Statutory right |
Statutory reference |
Time limit for complaint |
Qualifying period |
Right to be accompanied at a grievance or disciplinary hearing |
Section 10, Employment Relations Act 1999 (ERelA 1999) |
3 months from date of failure or threat of failure. The employment tribunal (ET) may extend time where it was "not reasonably practicable" to present the claim in time |
None |