Extension of time limits – early conciliation

In Booth v Pasta King UK Limited a Tribunal has held a Claimant should be given as long as possible to bring a claim under section 207B of the Employment Rights Act 1996, once the early conciliation process is underway. There is one provision in the ERA which extends a time limit by the amount of time it takes to complete the early conciliation process, and this can then be extended further if the already extended time limit would expire within one month of the date on which the early conciliation ended. The Judge considered that both subsections should operate cumulatively and not as alternatives.

This potentially gives the Claimant even longer in which to lodge claims.

This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.

For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.