The time-travelling Tribunal claim

When is six months not six months? When the limitation period for most employment claims is doubled to six months courtesy of section 149 of the Employment Rights Bill. However, the rights of employees to additional time to bring a claim due to Acas Early Conciliation remains unchanged. In unfair dismissal cases, tribunals can extend time where it wasn’t reasonably practicable to bring the claim earlier. Similarly, in discrimination cases, the ‘just and equitable’ exception for extending time is still available for tribunals as well. So, there is still extra time across the board.

The time limits in the Employment Rights Act, TUPE, the Working Time Regulations, TULRCA, and the Equality Act are all subject to this change. The only exception is the Employment Tribunals (Extension of Jurisdiction) (England and Wales) Order 1994, covering claims for breach of contract after the cessation of employment – this remains at three months.

Employers should prioritise the following in readiness for this change:

• Look at internal processes to ensure they promote early resolution where possible, as this will be more achievable in the longer time frame available.
• Bear in mind that you may need to retain records for longer – at least nine months after any incident – and potentially even more so if a claim looks likely. Evaluate document retention policies accordingly.
• An increase in claims is the most likely consequence, so check your insurance cover is appropriate and track and review regularly.

More time before a claim needs to be brought means more time for the preliminary and time-consuming (for an employer) aspects of pre -litigation. This may mean protracted requests for information, Subject Access Requests, longer negotiations and more involvement of legal advisers at an earlier stage due to more time to seek advice.  This means that employers may also need to involve their legal team at an earlier stage to ensure effective management of the process and prevent even further extension of time due to poor preparation.

Prepare your business for longer tribunal deadlines. Contact Backhouse Jones for tailored legal support on managing extended claim periods and updating your employment practices.

This article was written by Laura Smith.