Eligibility Checklist for Bringing an Employment Tribunal Claim
Check whether your claim is in time, meets the qualifying service requirements, and has complied with pre-claim requirements.
Overview
Employment tribunals have jurisdiction to hear claims about employment rights. Eligibility is a threshold question that depends on the type of claim. Some claims require a qualifying period of continuous employment; others apply from day one. All claimants must contact ACAS for early conciliation before issuing a claim (s.18A Employment Tribunals Act 1996). Time limits are strictly enforced โ the tribunal has very limited discretion to extend them.
Employment Status
You are an employee, worker, or self-employed contractor in the correct employment status category for your claim type(Essential)
Unfair dismissal requires 'employee' status; discrimination applies to employees and workers; some claims extend to the genuinely self-employed
You have 2 years' continuous employment for unfair dismissal (ERA 1996, s.108)
No qualifying period for: automatically unfair dismissal (whistleblowing, pregnancy, asserting statutory rights, health and safety), discrimination, unlawful deductions, national minimum wage
Time Limits
Your claim is within 3 months less one day of the act complained of (standard limit for most claims)(Essential)
The clock stops while ACAS early conciliation runs; your certificate will show the extended deadline
For redundancy pay: 6 months from the date of dismissal
For equal pay: 6 years (ordinary claim) or 6 months from end of employment (employment tribunal)
Pre-Claim Requirements
You have notified ACAS for early conciliation and have an EC certificate(Essential)
The ET1 form will not be accepted without a valid ACAS certificate number
There is no valid settlement agreement or COT3 settling the claim you are bringing(Essential)
Related Guides
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Frequently asked questions
- What is the standard time limit for bringing an employment tribunal claim?
- Most employment tribunal claims must be filed within three months less one day of the act complained of. However, specific claims have different deadlines: redundancy pay claims have six months from dismissal, and equal pay claims have six years for ordinary claims or six months from the end of employment if brought to the tribunal. Time limits are strictly enforced, with very limited discretion to extend them.
- What pre-claim requirements must I meet before filing an ET1 form?
- Before issuing a claim, you must contact ACAS for early conciliation and obtain a certificate. The Employment Tribunal will not accept the ET1 form without a valid ACAS certificate number. Additionally, you must ensure there is no valid settlement agreement or COT3 that already settles the specific claim you are bringing.
- Do I need a minimum period of continuous employment to bring a claim?
- Unfair dismissal claims generally require two years of continuous employment. However, there is no qualifying period for automatically unfair dismissal (such as whistleblowing, pregnancy, or asserting statutory rights), discrimination, unlawful deductions, or national minimum wage claims. The required employment status also varies by claim type, with unfair dismissal requiring 'employee' status.
- What employment status do I need to bring an employment tribunal claim?
- Eligibility depends on your employment status and the claim type. Unfair dismissal requires 'employee' status, while discrimination applies to both employees and workers. Some claims extend to genuinely self-employed contractors. You must verify that your status matches the specific category required for your claim type to ensure the tribunal has jurisdiction.
- How do time limits work if I have already started ACAS early conciliation?
- The standard time limit is three months less one day, but the clock stops while ACAS early conciliation is running. Your ACAS certificate will show the extended deadline. For redundancy pay, the limit is six months from dismissal. For equal pay, it is six years for ordinary claims or six months from the end of employment for tribunal claims.