Employment tribunal time limits

[Pariah]

Hi there,

I wonder if you may be able to help me. I have a question with regard to time limits for submitting ET1 claims. I know it is 3 months less one day for most claims, but when submitting the form online, does the time limit expire at 11.59pm on the last day or at close of business?

I know that seems quite random, so I will give you a hypothetical example. Summary Dismissal occurred on 12th Feb, EDT was therefore the same date. Appeal scheduled and canceled several times, so ET1 was not submitted until 11th May at 5.45pm via email. Will this claim still be considered as in time?

Many Thanks,

[Eloise01]

Re: Employment tribunal time limits

Since I do not know anyone who has ever been foolish enough to cut it that close (you did not have to wait for the appeal to be held before submitting a claim) I honestly do not know what a tribunal would make of this. Theoretically, since it was submitted after close of business, and therefore could not possibly be processed until the next day, I would say that it may be viewed as out of time. Certainly, the only similar situation I have come across is "snail mail" applications in the old days - shoving it through the letter box the night of the deadline (therefore after business closes) meant that it's receipt was classed as the next processing day.

Let us know when the tribunal tells you the answer - which may not be until a PHR if the employer has their wits about them.