Missed the 3-month deadline?

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If I’m just a few days late, will the tribunal definitely extend?

Very likely, but not certain. The tribunal will consider why even those few days were missed. With a solid reason, extension is probable; with no reason, even a few days might be refused.

What if the employer agrees to an extension?

The employer has no legal power to extend the time limit — only the tribunal can. Their consent shows lack of prejudice but isn’t binding.

Is ‘just and equitable’ really broader than ‘not reasonably practicable’?

Yes. ‘Just and equitable’ lets the tribunal weigh all circumstances including the strength of your case and prejudice to both sides. ‘Not reasonably practicable’ is narrower. Discrimination claimants have a better shot at extension.

Does engaging in internal grievance pause the clock?

No. The 3-month clock runs from dismissal regardless of internal processes. Only ACAS early conciliation pauses time — if you’re approaching the deadline, notify ACAS immediately.

I had a settlement agreement fall through after the deadline. Can I claim?

Maybe. Genuine, advanced settlement negotiations can support a just-and-equitable extension. The tribunal will scrutinise whether there was a real binding agreement or just talks.

Missed the 3-month deadline?

The tribunal has discretion to extend time.

You may still proceed if you can show good reason for the delay. Don't assume your claim is dead — act immediately to maximise your chances.

Your immediate steps

Don't assume your claim is dead

The tribunal has discretion to extend time in limited circumstances. Act immediately to maximise your chances.

Calculate how late you are

1 day late is different from 6 months late. The shorter the delay, the more likely the tribunal will extend. This is critical to your application.

If you haven't done ACAS early conciliation yet, do it today. The EC certificate is a prerequisite to filing an ET1. The conciliation period adds time and shows good faith.

Prepare your reasons

You'll need to explain why you filed late. The test differs: unfair dismissal = "not reasonably practicable" to file in time (strict); discrimination = "just and equitable" to extend (broader).

File your ET1 with a time limit application

Submit the ET1 along with a clear written explanation of why the deadline was missed and why it would be just to extend.

The two different tests

Unfair dismissal: "Not reasonably practicable"

A stricter test. You must show it was not reasonably practicable to file in time. This is a high bar. The tribunal asks: could a reasonable person in your position have filed in time? If yes, your extension application fails.

Examples that might succeed: serious illness preventing you from taking action, bereavement immediately before deadline, employer's own misleading conduct (telling you there's no time limit, you have more time). Examples that typically fail: didn't know about the right to claim (should have found out), busy with other things (not acceptable).

Discrimination: "Just and equitable"

A broader test. The tribunal has greater discretion. You must show it's "just and equitable" to extend. This allows consideration of all circumstances, including the merits of your case.

Examples that might succeed: illness, bereavement, difficulty obtaining legal advice, reasonable reliance on incorrect advice (from a solicitor or Citizens Advice), language barriers. The tribunal will balance these against prejudice to the employer.

What counts as reasonable excuse?

Serious illness preventing action ✓

Medical evidence required. Depression, anxiety, and other mental health conditions can count if they prevented you from taking action.

Close family death immediately before deadline. The tribunal recognises grief as affecting capacity.

Employer's own misleading conduct ✓

If the employer told you there was no time limit or you had more time, and you reasonably relied on that.

"I didn't know about the time limit" ✗

Generally rejected, especially for unfair dismissal. You should have found out. Not a reasonable excuse unless circumstances prevented you from accessing the information.

Being busy or having difficulty finding a solicitor ✗

You can file an ET1 without a solicitor. Difficulty instructing one is not a reasonable excuse.

Reasonable reliance on incorrect advice ✓?

If a solicitor or trusted advisor gave you wrong information about the deadline and you reasonably relied, this may work — but the burden is on you to prove reliance was reasonable. Courts are cautious here.

• "I didn't know about the time limit":
• Generally rejected for unfair dismissal. You had a duty to find out. Limited weight for discrimination.
• Difficulty finding a solicitor, other life events — not acceptable. You have a responsibility to act.
• "I kept putting it off" — the tribunal will not extend time for delay you caused yourself.

How to present the application

Your application should include:

• A clear, dated explanation of why you missed the deadline
• Evidence supporting your reason (medical notes, death certificate, correspondence showing reliance on advice)
• A statement that it is just and equitable (for discrimination) or not reasonably practicable (for unfair dismissal) to extend
• The length of the delay and how much time you're asking for
• Why your case has merit (brief summary of your claim)

Keep it concise and factual. Submit it with your ET1 form. The tribunal will consider it at the same time as your claim.

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Frequently Asked Questions

If I'm just a few days late, will the tribunal definitely extend?

Very likely, but not certain. A few days late shows minor failure to meet a deadline. The tribunal will consider why even those few days were missed. If your reason is solid, extension is probable. But if you've offered no reason, even a few days might be refused.

What if the employer agrees to an extension? Can they override the tribunal?

The employer has no legal power to extend the time limit. Only the tribunal can do that. If the employer says they consent to the extension, that may help your application (shows lack of prejudice), but it's not binding. The tribunal still makes the decision.

Is "just and equitable" really broader than "not reasonably practicable"?

Yes. "Just and equitable" gives the tribunal discretion to consider all circumstances, including the strength of your case, prejudice to both sides, and general fairness. "Not reasonably practicable" is narrower — it's a question about what was possible, not what's fair generally. Discrimination claimants have a better shot at extension.

Does engaging in internal grievance pause the clock?

No, it does not pause the 3-month clock. The time limit runs from dismissal regardless of internal processes. However, ACAS early conciliation does pause the clock — the conciliation period stops time from running. So if you're approaching the deadline, notify ACAS immediately.

I had a settlement agreement fall through after the deadline. Can I claim?

Maybe. If you were in good faith negotiations for a settlement and reached an agreement in principle, the tribunal may find it just and equitable to extend time. But if negotiations failed simply because you changed your mind, that won't work. The tribunal will scrutinise whether there was a genuine, binding settlement agreement or just talks.

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Employment Rights Act 1996