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UKSolicitorJA, Solicitor
Category: UK Employment Law
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Experience:  solicitor
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is there any chane to take an employer to tribunal more than

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is there any chane to take an employer to tribunal more than three months after dismissal for termination due to ill health?

It depends and the only way to find out for sure is to make a claim and see whether it is allowed to continue or whether it is struck off for being out of time.

Tribunals have the discretion to extend time if you can show that it was not reasonably practicable to present the claim within the three-month period or, in some discrimination cases, if it is 'just and equitable' to do so.


There have recently been several Employment Appeals Tribunal (EAT) findings giving employees more leeway.

  • Employment Tribunals have discretion to allow some discrimination cases to proceed, even if the grievance to which they relate is not submitted until after the initial three month time limit has expired.
  • Where an employer completes investigations in relation to an internal appeal against dismissal just hours before expiry of the time-limit for bringing an unfair dismissal claim, it is likely the employee will succeed in showing it was not 'reasonably practicable' to bring their claim within the original three-month period, and an extension of the time limit will be granted.
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