ET1 form query

[Visenya]

Hi.
just looking for some advice.
i have had no choice but to take my employer to tribunal after quite a long period of discrimination and bullying.

i am aware of the 3 months minus 1 day rule.
i am currently completing the ET1 form and I am trying to prepare my statement.

The last date of wrong doing by my employer was on 13th September with regards to a formal grievance outcome.
i had already lodged early conciliation with acas earlier in the year but withdrew them because I believed my employer would adhere to its own grievance procedures.

Because of this, I decided not to go for early conciliation this time and was given the certificate to apply for the ET1 on 26th September.

The question I am asking is how long do I have to submit the ET1. Is it still 3 months minus 1 day from the last alleged wrongdoing?
Or do I now have another deadline since the certificate was issued?
I rang acas for an answer but they said they couldn’t answer that question.
I really appreciate any advice received as I’m unsure if I’m on a timescale from when the certificate was issued and how long that is rather than the 3 month minus 1 day timeframe.

Thank You.

[ULA]

You will have at least a month from the date that is given on your Certificate, but it does depend on the date of the incident/s and when you started and finished Early Conciliation.

[Visenya]

Thanks for your reply ULA

i received the certificate 2 weeks after the last date of incident but i was confused on whether i only had a month from the certificate being issued as it is over 3 weeks since it was received.

are there templates on this site i can use to set out the statement that is required for the ET1?
I’m conscious there is a certain way it needs to be written.

Thanks

[ULA]

It would appear that you have not engaged with EC and they have just issued the certificate. In which case I believe it will be 3 months less a day from the date of the last incident. However if some of of the incidents of discrimination or bullying occurred before this, which may be the case from what you have said, these incidents may be out of time.

In cases where there is more than one act of discrimination and an earlier act or acts of discrimination are out of time, the tribunal will consider whether the earlier conduct relates to the later conduct. If so, the tribunal may decide that the conduct extends over a period and will be treated as done at the end of the period i.e.the date of the last act of discrimination.

Please find attached a document to assist the completion of your ET1 and if you are going to create a separate document to cover section 8.2 this is know as a Particulars of Claim (PoC).

[Visenya]

Once again ULA, thank you for your response and help. Much appreciated.

[Visenya]

With regards to the statement of claim, if the situation or parts of the situation are still ongoing, how does that work?
Also even though the 3 months minus 1 day rule exists is it reasonable to include breaches of the employment act and Equality Act if they happened before what is being classed as the final act even though the situation was going on for over a year before and to some extent still is now?

[ULA]

The correct terminology for the document you prepare alongside your ET1 is a Particulars of Claim (PoC). Just want to make sure that even as a litigant in person you are using recognised Tribunal terms.

If part of the situation are still ongoing you can set that out in the PoC.

I would suggest that you refer to the incident/s before the final act, acknowledge they are potentially out of time but state that the point of setting this out in the POC is to demonstrate an ongoing pattern of behaviour by the respondent.