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Section 111: Complaints to employment tribunal.

Employment Rights Act 1996 · 1996 c. 18View on legislation.gov.uk

Part X: Unfair dismissal — Chapter II: Remedies for unfair dismissal

A complaint may be presented to an employment tribunal against an employer by any person that he was unfairly dismissed by the employer.

Subject to the following provisions of this section, an employment tribunal shall not consider a complaint under this section unless it is presented to the tribunal—

before the end of the period of three months beginning with the effective date of termination, or
within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).

Where a dismissal is with notice, an employment tribunal shall consider a complaint under this section if it is presented after the notice is given but before the effective date of termination.

In relation to a complaint which is presented as mentioned in subsection (3), the provisions of this Act, so far as they relate to unfair dismissal, have effect as if—

references to a complaint by a person that he was unfairly dismissed by his employer included references to a complaint by a person that his employer has given him notice in such circumstances that he will be unfairly dismissed when the notice expires,
references to reinstatement included references to the withdrawal of the notice by the employer,
references to the effective date of termination included references to the date which would be the effective date of termination on the expiry of the notice, and
references to an employee ceasing to be employed included references to an employee having been given notice of dismissal.

Where the dismissal is alleged to be unfair by virtue of section 104F (blacklists),

subsection (2)(b) does not apply, and
an employment tribunal may consider a complaint that is otherwise out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.