Clinics: Limitation periods

When providing advice it is important to ensure that clients are appraised of all relevant limitation dates pertaining to their claim. It is also important to take these into account when planning your clinic's broader approach to client intake.

The LawWorks Clinics Team has prepared these tables of limitations setting out key time limits.

Contents

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 71ERA 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 leaveordinary adoption leaveadditional adoption leavepaternity leaveparental 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 135ERA 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 13TUPE

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 161TULRCA

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 50ERA 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 169TULRCA

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 45AERA 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 44ERA 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 47EERA 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

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Details

Date of publication

Thursday, August 16, 2018

Date last reviewed

Thursday, August 16, 2018