Tribunal time limit help

[Shalaf3]

Hi,

I am hoping someone could please help me with the tribunal time limit dates for discrimination and constructive dismissal.
Is it one month minus 1 day from the date on the early conciliation certificate? Or Is it the six week early conciliation period (stopped clock) added on to the first limitation date? (and if it is this why do so many websites say 1 month from the certificate date?)
Any help would be greatly appreciated.

[ULA]

Can you provide:

The date of termination of employment
Date ACAS Early Conciliation was requested
Date ACAS issued the certificate.

Many thanks

[Shalaf3]

Hi ULA,

Thanks yes,

Date of main Discrimination act 09/03/21
Forced resignation on 29/03/21 (6 weeks notice period) Last day 06/05/21
Early conciliation requested 21/04/21
Early conciliation certificate 02/06/21

Thanks again

[ULA]

With the date of termination being 6 May 2021 and certificate being given on 2 June 2021 then i believe it will be by 16 September.

However i would advise not to leave it this long if you have decided you want to pursue this matter it is better to get it underway given the backlog at the Tribunal.

[Shalaf3]

Thank you so much for your advice ULA.
just a question with regards to the discrimination date, do I need to keep to the time limits for that? That was what actually forced me to resign ( hours changed without agreement, even though I had flexible working hours for childcare reasons).

Thank again

[ULA]

To be on the safe side I would go with 20 July which takes you from the date of discrimination, taking account of the Early Conciliation process.

[Shalaf3]

Ok, Brilliant thank you!,
very last question I promise, I'm just worried about the thing I keep hearing about 1 month from the ACAS certificate. Do you know why this would be the case?

[ULA]

From 1 Dec 2020 the Government changed the one month with an option to extend for 2 weeks if settlement was likely to occur to a 6-week conciliation period for all claims.

The effect of engaging in the Early Conciliation process is that it "stops the clock" in respect of the time limit for bringing a claim. That clock and the limitation period starts again once the Early Conciliation Certificate is issued.

However if you are worried just call ACAS in the morning and confirm with them.

[Shalaf3]

Thank you so so much for all your help! Your a star!

[Shalaf3]

Hi,

I have now reached an agreement and am about to sign the COT3 form. Can anyone advise me if I should still file the ET1 form by the due date in case of non payment (I am hoping not as it's more difficult than I expected), or is it safe to consider it all settled now?

Thanks in advance for any advice

[ULA]

Once the terms of a COT3 agreement have been agreed, the employment tribunal will no longer be able to hear your claim, you are effectively precluded from making any future claim in relation to any matters incorporated within that agreement.

If your employer does not make the payment, the first step would be to contact the ACAS conciliation officer who will be able to remind the respondent of their obligations under the COT3 agreement. However, if they still fail to pay, you would then have to enforce the agreement, via the courts, in exactly the same way as an unpaid tribunal award.

[Shalaf3]

Brilliant, Thank you again ULA