Employment Tribunal Claims – What is the time limit?

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Generally, employees should submit their claim to the Employment Tribunal within 3 months of the discriminatory act, unless there is a series of discriminatory acts which may extend the time for making such a claim.

The time limtis for bringing a claim was considered in the case of Robinson v Royal Surrey County Hospital NHS Foundation Trust

Miss Robinson was a disabled nurse and in her ET claim she alleged that there were discriminatory acts in 2011, 2012 and 2013, when she was dismissed. In dealing with the claim the ET addressed each allegation separately and in so doing concluded that the claim had been brought outside the normal 3 month period.

Miss Robinson appealed to the EAT and the EAT took the view that on the facts of Miss Robinsons’ case it was right that the allegations were dealt with separately but went on to indicate that it might be possible to treat different types of discriminatory acts together as part of a course of conduct and for those allegations of discriminatory conduct to be considered together.

Therefore, it is possible for an employee to argue that where there has been a series of discriminatory acts over a period of time the claim may be brought outside the primary 3 month period.

At Samuels we have a wealth of experience in advising employees and employers about their employment rights and obligations. 

Contact us today for a free discussion about how we can help. 

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