Late ET1 claim after Acas certificate: statement explaining the delay

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Late ET1 claim after Acas certificate: statement explaining the delay — page 1
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Statement Explaining Why My Employment Tribunal Claim Is Late

Attachment to Form ET1 — please read with the "Additional information" section

Claimant: [YOUR FULL NAME]

Address: [YOUR ADDRESS]

Email · phone: [EMAIL] · [PHONE]

Respondent: [EMPLOYER'S FULL LEGAL NAME]

Respondent's address: [EMPLOYER'S ADDRESS]

Acas early conciliation certificate number: [CERTIFICATE NUMBER]

Date Acas received my notification (Day A, shown on the certificate): [DATE]

Date I received the certificate (Day B): [DATE] — sent by [EMAIL / POST]

Date of this statement: [DATE]

1. What I am claiming

I am claiming [UNFAIR DISMISSAL / UNLAWFUL DEDUCTION FROM WAGES / HOLIDAY PAY / DISCRIMINATION BECAUSE OF (PROTECTED CHARACTERISTIC) / BREACH OF CONTRACT]. The act or date my claim is about is [DATE OF DISMISSAL, EFFECTIVE DATE OF TERMINATION, PAYMENT DATE OR LAST ACT OF DISCRIMINATION].

2. My time limit

The matter happened on [DATE], so the time limit is [6 MONTHS / 3 MONTHS] beginning with that date.

I notified Acas on [DAY A], which was within that time limit.

The days from the day after Day A to Day B do not count (Employment Rights Act 1996, section 207B(3); Equality Act 2010, section 140B(3) for discrimination). With those days added, my limit ended on [DATE].

If that date fell earlier than one month after Day B, my limit ended one month after Day B instead, on [DATE] (section 207B(4) / section 140B(4)).

I am presenting this claim on [DATE], which is [NUMBER] days after the limit.

3. Why I could not claim in time

[Explain in plain words, in date order, what stopped you. For example: serious illness or hospital stay from (DATE) to (DATE); the certificate was sent to an old email address and I first saw it on (DATE); I was given wrong information about the deadline by (WHO) on (DATE); bereavement; caring responsibilities; the employer told me in writing on (DATE) that the payment would be made.]

From [DATE] to [DATE]: [WHAT HAPPENED]

On [DATE]: [WHEN THE OBSTACLE ENDED OR WHEN I FOUND OUT ABOUT THE DEADLINE]

On [DATE]: [WHAT I DID STRAIGHT AFTER — SOUGHT ADVICE, STARTED THE FORM]

4. Why I acted promptly once I could

After [DATE WHEN THE OBSTACLE ENDED], I presented this claim within [NUMBER] days. I did not delay for any other reason.

5. What I ask the tribunal to do

For unfair dismissal, wages, holiday pay or breach of contract: I ask the tribunal to accept that it was not reasonably practicable for me to present the claim in time and that I presented it within a reasonable further period (Employment Rights Act 1996, section 111(2)(b) or section 23(4); Working Time Regulations 1998, regulation 30(2)(b)).

For discrimination: I ask the tribunal to hear the claim within such other period as it thinks just and equitable (Equality Act 2010, section 123(1)(b)). The respondent is not unfairly prejudiced because [IT KNEW ABOUT THE COMPLAINT FROM MY GRIEVANCE OF (DATE) / DOCUMENTS AND WITNESSES ARE STILL AVAILABLE / ACAS CONTACTED IT ON (DATE)].

6. Evidence attached

Acas early conciliation certificate

[MEDICAL LETTER OR FIT NOTE DATED (DATE)]

[EMAILS OR LETTERS SHOWING THE DATES ABOVE]

[ANY OTHER DOCUMENT]

I confirm that the facts in this statement are true to the best of my knowledge.

____________________

[YOUR FULL NAME]

[DATE]

For me

[ ] Certificate number copied exactly into the ET1

[ ] "Additional information" section says: "Please see the attached statement explaining why my claim is late (X pages)"

[ ] Medical or other evidence attached, with dates

[ ] Claim sent today: online, or by post to the employment tribunal central office for England and Wales or for Scotland

[ ] Receipt from the tribunal saved; if none arrives, contact the tribunal office straight away