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HR Reference Manual

 

Qdos Consulting

 

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FL Memo

Jurisdiction and time limits

The following table sets out the main time limits:

Caution: This statement gives basic information. Please contact the Advice Line for specific advice. Contact us

Complaint Time limit

Sex or racial discrimination - general claim

3 months beginning with date of act complained of
Appeal against a non-discrimination notice 6 weeks from date of service of notice
Application by the Equality and Human Rights Commission to enforce provision relating to discriminatory advertisements, instructions and pressure to discriminate 6 months beginning with date of act
Disability discrimination 3 months beginning with date of act complained of
Age discrimination 3 months beginning with date of act complained of
Sexual orientation discrimination 3 months beginning with date of act complained of
Religion or belief discrimination 3 months beginning with date of act complained of
Equal pay/equal value 6 months beginning with termination of employment
Unfair dismissal * 3 months beginning with EDT
Unfaire dismissal for taking part in official industrial action 6 months from date of dismissal (which is date notice given (if employer gave notice) or else EDT
Interim relief pending determination of certain complaints of unfair dismissal 7 days immediately following the EDT
Written statement of reasons for dismissal * 3 months beginning with EDT 
Redundancy payment* 6 months beginning with relevant date
Written statement of employment particulars * 3 months beginning with date on which employment ceased
Itemised pay statement  3 months beginning with date on which employment ceased
Guarantee pay * 3 months beginning with day for which payment claimed

Time off for:

  • public duties
  • dependants
  • pension scheme trustees
  • redundant employee to look for work*
  • employee representatives
  • study or training
  • health and safety representatives and candidates
  • trade union duties and activities
3 month from date of failure to allow time off/day taken off or date when time off should have been allowed
Refusal to permit exercise of rights or failure to make payments in respect of annual leave. 3 months beginning with date when exercise of right should have been permitted or date when payment was payable
Time off for antenatal care 3 months beginning with date of appointment
Parental leave * 3 months beginning with date of matters complained of
Maternity, paternity and adoption leave and pay * 3 months beginning with date of matters complained of
Infringement of right to request flexible working 3 months beginning with date of last act or failure
Suspension from work on medical or maternity, grounds * 3 months beginning with first day of suspension
Less favourable treatment and detriment relating to part-time workers 3 months beginning with date (or last date) of less favourable treatment or detriment
Less favourable treatment and detriment relating to fixed-term employees 3 months beginning with date (or last date) of less favourable treatment or detriment

Right to be accompanied at a disciplinary or grievance hearing:

  • failure (or threate to fail) to comply
  • detriment relating to right
3 months beginning with date of failure or threat

Detriment relating to:

  • health and safety
  • Sunday working
  • working time
  • protected disclosure
  • duties of occupational pension trustee
  • functions of employee representative
  • leave for study/training, family or domestic reasons
  • enforcement of rights to national minimum wage
3 months beginning with date of failure or threat

Transfer of undertaking:

  • failure to inform or consult
  • failure to comply with compen sation order for failure to inform or consult

3 months beginning with date of transfer

3 months beginning with date of tribunal's order

Redundancy consultation:

  • failure to consult
  • failure to pay protective award

Before dismissal or 3 months beginning with date on which dismissal takes effect

3 months beginning with last day in respect of which complaint made

Unauthorised deduction of union subscriptions 3 months beginning with date of deduction

Trade union membership:

  • refusal of employment
3 months beginning with date of conduct complained of

Trade union membership or activities or making use of union services: dismissal and victimisation

3 months beginning with date of last act or failure
Unlawful inducement relating to trade union membership, activities or collective bargaining: dismissal victimisation
3 months beginning with date of last act or failure
Breach of contract claim by employee 3 months beginning with EDT or (if no EDT) last working day (6 years from breach in civil courts)
Breach of contract counterclaim by employer 6 weeks beginning with date of receipt of employee's claim (6 years from breach in civil courts)
Failure to comply with duty to inform of right to request working behyond intended retirement date 3 months beginning with last day permitted for employer to comply with duty or, if employee did not know intended retirement date, the first day on which he knew or should have known that date
Failure, or threat to fail, to allow employee to be accompanied to meeting to consider request to continue working beyond intended retirement date 3 months beginning with the date of the failure or threat to fail
  *A qualifying period of services applies
Caution: This statement gives basic information. Please contact the Advice Line for specific advice. Contact Us