Document text
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