Employment Tribunal - Out of Time

[anonuser64]

Hi, I want to know if anyone has experience with making an out of time discrimination case?

I submitted acas reconciliation when I was 10 days out of time and I recently got my acas certificate (giving me one month to submit my et1 form).

I was under the impression that the time limit stays frozen during EC?

So I believe I am still only 10 days out of time because of stopped clock during EC.

However, I received conflicting advice stating that because my acas reconciliation started after I was already out of time then I do not benefit of the stopped clock so I am more than 10 days late.

I'm confused about what is accurate, please can anyone advise?

Because you were already out of time, it doesn’t really matter that the clock stops because it stops already out of time- it doesn’t rewind time or restart your time.

For discrimination cases you might have some flexibility but you’d have to make your own argument for tribunal to extend it.