Employment Law Explained

Extension of Time Limits.

The "normal" time limits as stated above may be extended in certain circumstances by a further 3 months from when the original time limit expired and the complaint concerns something that either the statutory DDP or GP applies.

Statutory DDP.

1. The statutory disciplinary procedures apply, at the time the normal time limit expired, the employee had reasonable grounds to believe that a dismissal or disciplinary procedure (statutory or otherwise) was being followed, in which case the time limit for presentation of a claim is extended by 3 months.

Statutory GP.

2. A claim has been submitted to the Tribunal within the normal time limit who have rejected it because a step 1 grievance is required and hasn't been or it has but a period of 28 days has not elapsed between step 1 submission and claim lodgement. Note: the step 1 letter must be submitted within 1 month of the expiry of the original time limit.
3. A claim has been submitted outside the normal time limit, and a Step 1 grievance sent within the normal time limit, time will automatically be extended by 3 months, whether or not the grievance procedure has been completed.

NOTE: If the employee neither submits the ET1 within normal time limit or fails to send a Step 1 statement, there are NO extensions of time.

NOTE - extensions are only available if the statutory procedures apply to the dismissal or grievance. Where the Statutory procedures do NOT apply, no extensions triggered.

NOTE: if the statutory procedures do apply but are deemed to have been complied with, the automatic extensions remain applicable.