United Kingdom · employment

How Long Do I Have to Claim Discrimination at Work in the UK?

In the United Kingdom, the time limit to bring a workplace discrimination claim to an Employment Tribunal depends on when the unfair treatment took place. Recent legal reforms have significantly changed these deadlines, making it vital to act quickly to secure your rights. Understanding how these deadlines are calculated—and how ACAS conciliation pauses the clock—is your first step to holding your employer accountable.

The Strict Time Limits for Claims in the United Kingdom

If you have faced discrimination at work in the United Kingdom, the law gives you a strict window to take legal action. Under the Equality Act 2010, the standard time limit to bring a claim to an Employment Tribunal is determined by when the discriminatory conduct occurred. Because of major reforms introduced by the Employment Rights Act 2025, the rules have recently shifted.

If the act of discrimination (or the last act in a continuous series of incidents) occurred on or after 1 October 2026, you have 6 months minus 1 day to submit your claim. However, if the unfair treatment occurred before 1 October 2026, the old, much tighter limit of 3 months minus 1 day applies. Failing to act within these statutory limitation periods almost always results in losing your right to claim entirely.

These deadlines are incredibly rigid. While Section 123(1)(b) of the Equality Act 2010 gives tribunals the power to extend the time limit if they decide it is 'just and equitable' to do so, judges exercise this discretion very sparingly. You must never assume you will get an extension just because you were waiting on an internal grievance outcome or dealing with the stress of the situation.

How Ongoing Discrimination and the ACAS Pause Affect Your Deadline

Many employers hope that by dragging out internal grievance procedures, they can run down your clock. Do not let HR mislead you into missing your deadline. If the discrimination was not a one-off event but a continuous course of conduct—such as ongoing harassment or a persistent failure to make reasonable adjustments—the time limit runs from the date of the very last incident. This principle was reinforced in the landmark case of Hale v Brighton & Sussex University Hospitals NHS Trust, which confirmed that a continuous chain of unfair treatment is treated as ending with the final act.

Before you can officially lodge an Employment Tribunal claim, you must notify the Advisory, Conciliation and Arbitration Service (ACAS) to start 'Early Conciliation.' The moment you notify ACAS, your limitation clock is temporarily paused. Under rules introduced in late 2025, ACAS Early Conciliation can last for up to 12 weeks. Once conciliation ends and ACAS issues your certificate, the clock starts ticking again, and you will usually have at least one month from the date of the certificate to submit your final claim.

Your Right to Build a Strong Case and Get Expert Support

Standing up to unfair workplace practices or hostile HR departments is exhausting, but you do not have to do it alone. Building a solid foundation for your claim involves gathering every piece of evidence—including emails, witness details, and records of internal grievances—while the events are still fresh in your mind. Because calculating exact deadlines involving ACAS pauses is highly technical, getting professional verification is crucial to ensure you do not miss your chance at justice.

You can use Caunsel to research these rules, safely store and organise your evidence in a private case file, or connect directly with an independent employment lawyer who can review your timeline and help you plan your next steps.

Steps

• Identify the exact date of the most recent act of discrimination to establish your primary limitation window (either 3 months minus 1 day for older events, or 6 months minus 1 day for events on or after 1 October 2026).
• Gather and secure all physical and digital evidence immediately, including emails, text messages, contracts, and personal diary logs of each incident before your employer can restrict your access.
• Initiate the mandatory ACAS Early Conciliation process online to officially pause your tribunal time limit and attempt to reach a settlement.
• Keep a strict calendar of your paused deadline, and prepare your formal ET1 Tribunal Claim form to be submitted as soon as your ACAS certificate is issued if a settlement is not reached.

Common mistakes

• Assuming the deadline is paused or delayed while your employer conducts an internal grievance procedure or disciplinary appeal.
• Waiting until the absolute last day of your primary window to contact ACAS, leaving zero room for administrative delays.
• Failing to link a series of incidents together as a continuous act of discrimination, which can cause older claims to be dismissed as out of time.

Questions people ask

What is the 'just and equitable' rule under Section 123 of the Equality Act?

This rule allows an Employment Tribunal to accept a late discrimination claim if they believe it is fair and reasonable to do so. However, the hurdle is extremely high. Tribunals rarely grant extensions for standard delays, even if you were waiting for internal HR outcomes, so you should never rely on this rule.

How does ACAS Early Conciliation affect my 6-month deadline?

Notifying ACAS pauses your limitation clock. If you notify them within your initial time limit, the time they spend trying to resolve the dispute (up to 12 weeks) is not counted. Once conciliation ends, you will have at least one month from receiving your ACAS certificate to submit your claim.

What if the discrimination is still happening at my UK workplace?

If the discrimination is continuous, your time limit starts running from the date of the most recent incident. However, to avoid arguments from your employer that the events were separate one-offs, you should start the claim process as early as possible rather than waiting.

General information only, last updated 2026-10-03. Caunsel is not a law firm and does not practise law. AI answers and this guide are not legal advice. Verify filings, deadlines, and statutes with a licensed lawyer in United Kingdom.