Can an employee make a claim of discrimination against his or her employer a few years after the alleged discrimination took place?
The time limit for the presentation of a claim of discrimination is usually three months beginning with the date the act took place. Where the alleged discriminatory conduct extends over a period, the time runs from the end of that period. However, an employment tribunal may consider a complaint that is out of time if, after taking into account all the circumstances of the case, it considers it just and equitable to do so.
The time limit for bringing a claim for equal pay is normally six months from the end of employment, unless the employer has deliberately concealed facts relevant to the claim without which the employee could not reasonably have been expected to start proceedings, or the employee is a minor or of unsound mind. In these cases, time does not start to run until the employee becomes aware of the relevant facts (or could reasonably be expected to have become aware of them), reaches the age of 18 (16 in Scotland) or ceases to be of unsound mind. Where the employee is employed on a series of contracts forming part of a stable employment relationship, the time limit for an equal pay claim will start to run from the end of the last of those contracts.