UK Time Limit for a Discrimination Claim
This page references a confirmed change to Employment Tribunal time limits taking effect on 1 October 2026, and a recent extension to the ACAS Early Conciliation window from 1 December 2025 — always check GOV.UK for the current position before relying on a specific deadline.
Table of Contents
- Introduction
- What Is the Usual Time Limit for a Discrimination Claim?
- When Does Time Begin to Run?
- A Grievance Does Not Stop the Tribunal Clock
- ACAS Early Conciliation and the Discrimination Claim Deadline
- Can the Tribunal Extend the Time Limit?
- Different Deadlines Can Apply to Related Claims
- A Confirmed Change Coming in October 2026
- Practical Steps When a Deadline May Be Close
- Contact Us for Expert Employment Law Advice
- Final Thoughts
- Frequently Asked Questions
Introduction
A workplace discrimination claim can be strong on the facts and still fail if it’s started too late. The time limit for a discrimination claim is usually short, and many people lose valuable time while raising a grievance, waiting for an appeal outcome, or trying to resolve matters informally.
For most Employment Tribunal discrimination claims, the deadline is three months less one day. There are important exceptions, and the ACAS Early Conciliation process can alter the practical deadline, but the safest approach is to get advice as soon as discrimination is suspected. A clear plan protects your position while allowing sensible discussions to continue.
What Is the Usual Time Limit for a Discrimination Claim?
Under the Equality Act 2010, a claim in the Employment Tribunal will usually need to be presented no later than three months less one day after the discriminatory act. This can cover discrimination connected to a protected characteristic, including age, disability, race, religion or belief, sex, sexual orientation, gender reassignment, pregnancy and maternity, and marriage or civil partnership.
The three-month period applies to many forms of discrimination, including direct discrimination, indirect discrimination, harassment, and victimisation. It can also apply where an employer has failed to make reasonable adjustments for a disabled worker or job applicant.
The tribunal deadline isn’t three months from the date you decide to take action — it normally runs from the date the act happened, or from the date you were told of a decision. For example, if you’re told on 10 January that you’ve been refused a promotion for a discriminatory reason, the usual deadline would be 9 April. Calculating time limits can be less straightforward where dates fall around public holidays, where there’s been a course of conduct, or where early conciliation is involved. It’s unwise to leave the calculation to the final day.
When Does Time Begin to Run?
Identifying the correct starting point is often the first legal issue. In a straightforward one-off event — a discriminatory dismissal, refusal of flexible working, rejection from recruitment, or an offensive remark — time normally starts on the date of that event.
Some cases involve a series of connected incidents. Repeated racist comments, ongoing exclusion from meetings, or a pattern of disadvantage linked to disability may amount to conduct extending over a period. If the incidents are sufficiently connected, the tribunal may treat the final act in that continuing course of conduct as the relevant date. This doesn’t mean every difficult workplace experience will automatically be treated as ongoing — the facts, the connection between events, and the employer’s decisions all matter.
A continuing omission can be particularly relevant to reasonable adjustments. If an employer hasn’t put an adjustment in place, the question may be when it could reasonably have been expected to act. These claims require careful analysis, since an apparently continuing failure may have actually arisen from a specific decision made months earlier.
A Grievance Does Not Stop the Tribunal Clock
Raising a formal grievance is often the right step — it gives the employer an opportunity to investigate, correct a problem, and resolve matters without litigation, and for employers, a prompt and fair grievance process can also reduce risk and show that concerns were taken seriously.
However, an internal grievance, appeal, mediation meeting, or settlement discussion doesn’t by itself pause the Employment Tribunal deadline. An employee can be waiting for a grievance outcome while the limitation period expires. The same risk can arise where an employer says it’s looking into a complaint but doesn’t provide a clear timetable.
Where a deadline is approaching, it may be necessary to begin ACAS Early Conciliation before the internal process has concluded. That doesn’t necessarily prevent a constructive resolution — it simply preserves the option of bringing a tribunal claim if agreement isn’t reached.
ACAS Early Conciliation and the Discrimination Claim Deadline
Before submitting most Employment Tribunal claims, a claimant must notify ACAS and consider Early Conciliation. ACAS will offer to speak with both sides to explore settlement — participation in discussions is voluntary, but notifying ACAS is generally a required procedural step before a tribunal claim can be issued.
Early Conciliation is also significant because it pauses the limitation clock. The pause starts when ACAS receives a valid Early Conciliation notification and ends when the Early Conciliation certificate is received. The time during that period isn’t counted towards the usual three months less one day.
There are additional statutory rules designed to ensure a claimant has at least one month after receiving an Early Conciliation certificate where the normal deadline would otherwise expire too quickly. These rules are helpful, but technical. A delay in contacting ACAS can still be fatal, especially if the original deadline had already passed before Early Conciliation began.
Don’t assume that an initial telephone enquiry to ACAS is enough. The Early Conciliation notification must be properly submitted — keep a record of the reference number, the date ACAS received the notification, and the date the certificate was issued.
Can the Tribunal Extend the Time Limit?
For Equality Act discrimination claims, the Employment Tribunal has discretion under section 123 of the Equality Act 2010 to allow a late claim where it considers this is just and equitable. This is broader than the test used for some other employment claims, but it’s not a guarantee that late claims will be accepted.
The tribunal may consider the length of the delay, why it happened, the effect on the evidence, whether the employer can still fairly respond, and whether the claimant acted promptly once they understood their position. Ill health, a lack of capacity, misleading information, or serious procedural confusion may be relevant. Simply not knowing about the time limit won’t always be enough.
A request for an extension shouldn’t be treated as a strategy — it creates uncertainty and can lead to a preliminary hearing focused solely on whether the claim is out of time. Starting the process promptly is the stronger position.
Different Deadlines Can Apply to Related Claims
Discrimination claims often arise alongside unfair dismissal, whistleblowing detriment, unpaid wages, breach of contract, or equal pay issues. Those claims may have different limitation rules and different tests for extending time — a tribunal may therefore accept one part of a case but reject another as out of time.
Equal pay is a notable example, with its own time limits — commonly six months less one day from the end of employment for a tribunal claim, although other routes may be available in some circumstances. Claims in the civil courts can also follow different limitation rules. The correct forum and deadline depend on the nature of the claim and where in the UK the case is brought.
This is why it’s worth reviewing the full picture early. A worker may describe their issue as discrimination, while the facts also raise questions about dismissal, pay, contractual rights, or a failure to follow a fair process.
A Confirmed Change Coming in October 2026
It’s worth knowing that the standard time limit discussed throughout this guide is set to change. Under the Employment Rights Act 2025, the time limit for most Employment Tribunal claims — including discrimination claims specifically — is extending from three months less one day to six months, with a confirmed effective date of 1 October 2026. This will only apply to acts, or the final act in a continuing course of conduct, occurring on or after that date; claims relating to earlier events will remain subject to the current three-month limit.
Separately, and already in effect since 1 December 2025, the maximum ACAS Early Conciliation window itself was extended from six weeks to twelve weeks, giving both sides more time to explore settlement before the clock resumes. Given how much is changing in this area within a fairly short window, it’s worth confirming the current position directly if your situation falls close to either transition date, rather than assuming the older three-month rule still applies.
Practical Steps When a Deadline May Be Close
Start by writing down the key events in date order — what happened, who was involved, when you raised concerns, the responses received, and any decisions communicated to you. Keep relevant emails, messages, meeting notes, policies, performance records, and medical evidence where disability or sickness absence is relevant.
Next, identify the most recent discriminatory act and any earlier events that may be linked to it. Don’t rely on an employer’s assurances that a matter will be resolved. If there’s any doubt about the deadline, seek specialist employment advice and consider starting the claims process without delay, including notifying ACAS.
Employers should take the same disciplined approach when a discrimination complaint is received — preserving documents, avoiding retaliatory action, appointing an appropriate investigator, and dealing with the grievance fairly.
Contact Us for Expert Employment Law Advice
A discrimination claim can involve your income, career, health, and reputation, and the timing rules involved are genuinely unforgiving of delay. Working out exactly when your clock started running, and whether an extension might realistically apply to your situation, is rarely something to leave until the deadline is close.
Final Thoughts
Getting the timing right protects your options. The law provides real protection against discrimination, but it expects both employees and employers to act promptly. Recording the key dates and getting proof of what actually happened before the limitation period becomes critical gives you far more control over the choices ahead than waiting until the deadline is already close.