Employment tribunals (06): extending time limits

by Practical Law Employment

Maintained | England, Scotland, Wales

This practice note considers the circumstances in which the time limit for presenting claims to an employment tribunal can be extended. It provides guidance on navigating the strict deadlines for bringing a claim and explains the different statutory tests a tribunal applies when considering late submission. The note details the stringent "not reasonably practicable" test for unfair dismissal and other employment right claims, and the wider, more discretionary "just and equitable" test for discrimination claims. It also explores a vast body of case law that interprets these test and offers crucial insights into how to assess the reasons for delay and the balance of prejudice between parties when deciding whether to grant an extension.

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