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Employment issues.

Byline: Joe Michna, Hartlepool Citizens' Advice Bureau manager

TIME LIMITS FOR TAKING CASES TO EMPLOYMENT TRIBUNALS

Q. Why are time limits important when making a claim to an Employment Tribunal?

A. All types of claims to Employment Tribunals have to be made within specific time limits. If claims are made outside of these time limits, then the Employment Tribunal will not generally consider them.

Q. Are you able to give an example of these time limits?

A. For example, if an employee is dismissed and he/she considers the dismissal may have been unfair, that person generally has three months from her/his last day of employment to make a claim for unfair dismissal. If the claim is not made within this time limit, the person will generally lose the right to have his/her case heard by the tribunal.

Q. Which other Employment Tribunal claims have a three-month time limit?

A. There are a number of types of claims which can be made to a tribunal which also have a three-month time limit, these include:

Breach of contract;

Discrimination claims;

Unauthorised deductions from wages;

Statutory paid holidays;

Right to rest breaks;

Time off for dependants;

Guarantee payments, and

48-hour working week.

Q. Are there any circumstances in which the normal three-month time limit can be extended?

A. If the type of claim being made to an Employment Tribunal is one which is subject to the use of the statutory grievance procedure, then the normal three-month time limit can be extended by a further three months once the grievance procedure is commenced.

Some examples of such claims include:

Claims about wages owed;

Claims about holidaypay owed;

Discrimination claims;

The right to rest breaks;

Parental leave, and

Time off for dependants.

Q. What about claims for non-payment of Statutory Redundancy Payments?

A. There are special rules for redundancy pay claims and, in these cases, the time limit for making a claim to a tribunal is six months from the last day of employment and, in certain circumstances, the six-month time limit can also be extended.

Q. What about a complaint about a failure by an employer to provide an employee with a written statement of their main terms and conditions of

employment?

A. For such claims, once the employee has been employed for two months, a claim can be made at any time.

Your local CAB can provide further advice and guidance on all employment law matters. There are CABs located in Darlington, artlepool, Middlesbrough, Redcar and Cleveland and Stockton.
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Title Annotation:Features
Publication:Evening Gazette (Middlesbrough, England)
Geographic Code:4EUUK
Date:Feb 13, 2008
Words:419
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