Can I claim if I’ve missed the 3-month deadline?

Possibly — but you need to act right now. Tribunals can extend time in limited situations. Every day you wait after the deadline makes it harder to argue for an extension.

Build your employment tribunal claim — free to start

Build your claim free

What if I'm only a few days late?

A few days late is still late, and you need to apply for time extension immediately. However, tribunals are more sympathetic to applications just a few days over the deadline than to those months over. The longer you delay, the harder your case becomes. File immediately if you're close to the deadline.

What's the difference between "not reasonably practicable" and "just and equitable"?

Unfair dismissal claims must be brought within 3 months, extended only if it was "not reasonably practicable" to bring it in time — a strict test. Discrimination claims have a 3-month deadline extended if "just and equitable" — a much broader test. Your excuse must be stronger for unfair dismissal than for discrimination.

Does ACAS early conciliation add time to my deadline?

Yes. When you contact ACAS for early conciliation, the time limit is paused. Your 3-month clock is extended by a further month after early conciliation ends (or 3 months after contacting ACAS, whichever is longer). This gives you valuable extra time, but only if you contact ACAS before the deadline.

What if I had a settlement agreement that fell through?

If you agreed a settlement or COT3 agreement that later fell through or was breached, that affects your deadline. Generally, the extension date is measured from when you knew the agreement had failed, not the original dismissal date. Document the failure in writing and take urgent legal advice.

What if my employer strung me along during the 3 months?

If your employer misled you about your rights, said they would sort things out, or deliberately delayed resolution while the clock was running, that may support an application for time extension. Misleading conduct by the employer can count as a reasonable excuse. Collect evidence of what they said and when.

How do I write a strong extension application?

Be concise and honest. Explain: when you were dismissed, when you discovered you had a claim, why you couldn't bring it in time (illness, advice relied on, employer misleading you, ignorance of the deadline). Attach supporting evidence (medical letters, emails, advice correspondence). Ask the tribunal for discretion and explain what happened, not just excuses. Be factual.

Can I claim if I’ve missed the 3-month deadline?

Missing the deadline isn’t automatic defeat. But the clock keeps running. If you’re out of time, contact ACAS and file your claim immediately with a clear explanation.

Last updated: April 2026 · Content reviewed against current UK employment law

The Two Different Time Tests

The deadline to claim depends on what type of claim you're bringing. The test for extension also depends on the claim type:

3 months from dismissal date.

"Not reasonably practicable" to bring the claim in time. This is a STRICT test.

You must show it was genuinely not reasonably practicable — not just difficult or inconvenient. Ignorance of the time limit alone is not usually enough.

Discrimination (and others)

3 months from the discriminatory act.

"Just and equitable" to extend time. This is a BROADER test.

Tribunals have more discretion. You can rely on ignorance, reliance on advice, and other excuses more easily than with unfair dismissal.

What Counts as a Reasonable Excuse

Tribunals may extend time if you can show a genuine reason you couldn't claim in time. Here are the excuses that work — and those that don't:

✓ These usually work:

• Serious illness or incapacity:
• Medical evidence showing you couldn't take action.
• Death of a close family member at or near the deadline.
• Employer misleading conduct:
• Employer said they'd resolve it; HR promised to sort it; you relied on their assurance.
• Reliance on incorrect professional advice:
• Solicitor or adviser told you the wrong deadline or that you had no claim (must be unreasonable advice).
• Recent discovery of the claim:
• You only recently learned the true cause of your dismissal (eg. a protected disclosure).

✗ These usually don't work:

• You had other commitments or were unwell (but not seriously).
• Not knowing the time limit:
• General ignorance of employment law (with exceptions for serious disability/language barriers).
• Difficulty finding a solicitor:
• Legal costs or lack of free advice is not a reasonable excuse.
• Delay in receiving severance pay:
• Even if pay was delayed, the clock starts from dismissal, not payment.
• Post-employment agreement discussions:
• If you were negotiating but didn't file a claim, that delay is your responsibility.

How to Apply for Time Extension

If you're out of time, here's the process to try to extend the deadline:

1. Contact ACAS Early Conciliation immediately

Even if you're out of time, contact ACAS. The EC process pauses your deadline. You get an extra month (or 3 months from first contact, whichever is longer) to file. This is not an extension application — it's automatic time addition.

2. Gather evidence of your reasonable excuse

Collect medical evidence, emails, correspondence showing what the employer said, advice you relied on, evidence of attempts to resolve the matter. The stronger your evidence, the better your extension application.

3. File your ET1 (claim form)

Include a clear explanation in Section 6 of your ET1: when you were dismissed, when you discovered you had a claim, why you couldn't bring it on time. Be specific, factual, and honest. Attach copies of supporting evidence.

4. The tribunal will consider your application

The tribunal may approve your claim immediately, or may require a hearing to decide whether to extend time. The respondent (your employer) will have the chance to argue against extension. Be prepared to explain your position clearly.

If You Definitely Can't Extend

If your extension application is rejected or you're certain it will fail, you still have other remedies available:

Internal Grievance and Appeal

Submit a formal grievance to your employer (even after dismissal) and appeal if rejected. This creates a record and may support future claims or references.

Civil Court Claim for Breach of Contract

In the civil courts, you have 6 years to claim for wrongful dismissal (breach of contract — notice and pay). This is a different remedy with a much longer deadline. You'd need a solicitor for civil court, but the time limit is generous.

HMRC Minimum Wage Underpayment

If you were underpaid minimum wage, you can claim to HMRC (different from a tribunal). HMRC has its own processes and may impose penalties on the employer.

Reference Defamation or Negligence

If your employer gave a bad reference damaging your job prospects, you may claim in civil court for negligent misstatement or defamation. These have different time limits and thresholds.

Act Now If Out of Time

If you know you're past the 3-month deadline, do not delay further. Contact ACAS today — every day that passes makes an extension harder to justify. Even if you think you'll be rejected, filing with a clear explanation gives you the best chance. The tribunal has discretion, and some explanations succeed.

The ACAS Early Conciliation (EC) Clock

Understanding ACAS EC is critical for deadline purposes:

• When you contact ACAS:
• Your deadline is paused. The 3-month clock stops.
• Typically 30 days. Both sides try to settle.
• Your deadline resumes — but you get a 1-month extension. If your original deadline was 1 July, and you contacted ACAS on 25 June, your new deadline becomes 25 August.
• ACAS gives you an EC certificate. You then have up to 1 month to file your ET1.

Frequently Asked Questions

Don't navigate this alone

Start My Claim calculates your deadline, tracks your EC period, and helps you file your extension application with all supporting evidence in one place.

No credit card · Cancel any time

Your claim, estimated

What could you actually be owed?

No sign-up, no card, no email. Your numbers just appear below as you type — then you decide whether to build the full case.

Start My Claim is not a law firm. Content is for informational purposes only.

© 2026 Vindivo Limited

Employment Rights Act 1996