ABSTRACT
As set out in Bowers, J, Brown, D and Mead, G, Employment Tribunal Practice and Procedure, 3rd edn, 1999, Vol 2, pp 81–94. https://www.niso.org/standards/z39-96/ns/oasis-exchange/table">
Employment right and statutory provision
When application must be made
1 Unfair dismissal: Employment Rights Act 1996 (ERA), s 98 and s 111(2)
1 (i) Before effective date of termination if employee is dismissed with notice: ERA 1996, s 111(4); or (ii) within three months from effective date of termination; but (iii) in the case of unfair selection of strikers for re-engagement, six months from applicant's date of dismissal: TULR(C)A 1992, s 239(2).
2 Consultation over redundancy: TULR(C)A 1992, s 188
2 Before the proposed dismissal or three months from the date on which the dismissal takes effect: TULR(C)A 1992, s 189(5).
3 Protective award claim by trade union for failing to consult over redundancies: TULR(C)A 1992, s 192
3 Three months from the date when the application of failure to pay was made: TULR(C)A 1992, s 192(2).
4 Race discrimination in employment: Race Relations Act 1976, s 54
4 Three months from the date when the act complained of was done: Race Relations Act 1976, s 68(1) and (6).
https://www.niso.org/standards/z39-96/ns/oasis-exchange/table">Action an applicant must take within the time limit
Discretionary power to extend time limit
1 Present application to an employment tribunal
1 Such further period as the employment tribunal considers reasonable in a case where it is satisfied it was not reasonably practicable for the application to be presented before the end of the period of three months.
2 Present a complaint
2 As in unfair dismissal
3 Present application to an employment tribunal
3 As in unfair dismissal
4 Present application to an employment tribunal
4 Just and equitable: ERA 1996, s 68(6)
https://www.niso.org/standards/z39-96/ns/oasis-exchange/table">Employment right and statutory provision
When application must be made
5 Reasons for dismissal: ERA 1996, s 93
5 Three months from the effective date of termination: ERA 1996, s 93(3)
6 Redundancy payment: ERA 1996, s 166
6 Within six months of the relevant date of termination: ERA 1996, s 164
7 Sex discrimination in employment: Sex Discrimination Act 1975, s 63
7 Three months from the date when the act complained of was done: SDA 1975, s 176(1)
8 Time off to look for work or training on redundancy: ERA 1996, s 52
8 Three months from the date of refusal of time off: ERA 1996, s 54(2)
https://www.niso.org/standards/z39-96/ns/oasis-exchange/table">Action an applicant must take within the time limit
Discretionary power to extend time limit
5 Present application to an employment tribunal
5 As in unfair dismissal
6 (i) Refer a question as to the right of the employee to the payment or as to the amount of the payment to an employment tribunal; or (ii) present a complaint of unfair dismissal to an employment tribunal with redundancy as the reason for dismissal
6 Just and equitable: ERA 1996, s 164(2)
7 Present application to an employment tribunal
7 Just and equitable
8 Present application to an employment tribunal
8 As in unfair dismissal
