Employment Rights Act 1996, section 111

Complaints to employment tribunal

Part X Unfair dismissal

(1)A complaint may be presented to an [F778employment tribunalF778] against an employer by any person that he was unfairly dismissed by the employer.

(2)[F779 Subject to the following provisions of this sectionF779] , an [F778employment tribunalF778] shall not consider a complaint under this section unless it is presented to the tribunal—

(a)before the end of the period of [F780sixF780] months beginning with the effective date of termination, or

(b)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 [F781sixF781] months.

[F782 (2A)Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).F782]

(3)Where a dismissal is with notice, an [F778employment tribunalF778] shall consider a complaint under this section if it is presented after the notice is given but before the effective date of termination.

(4)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—

(a)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,

(b)references to reinstatement included references to the withdrawal of the notice by the employer,

(c)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

(d)references to an employee ceasing to be employed included references to an employee having been given notice of dismissal.

[F783 (5)Where the dismissal is alleged to be unfair by virtue of section 104F (blacklists),

(a)subsection (2)(b) does not apply, and

(b)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.F783]

Definitions used in section 111 5

employment

(5) In this Act “employment”—

(a)in relation to an employee, means (except for the purposes of section 171) employment under a contract of employment, and

(b)in relation to a worker, means employment under his contract;

Defined in s.230(5) · see it in the full Act

(6) This section has effect subject to sections 43K , 47B(3) and 49B(10) ; and for the purposes of Part XIII so far as relating to Part IVA or section 47B, “worker”, “worker’s contract” and, in relation to a worker, “employer”, “employment” and “employed” have the extended meaning given by section 43K.

Defined in s.230(6) · see it in the full Act
employer

(4) In this Act “employer”, in relation to an employee or a worker, means the person by whom the employee or worker is (or, where the employment has ceased, was) employed.

Defined in s.230(4) · see it in the full Act

(6) This section has effect subject to sections 43K , 47B(3) and 49B(10) ; and for the purposes of Part XIII so far as relating to Part IVA or section 47B, “worker”, “worker’s contract” and, in relation to a worker, “employer”, “employment” and “employed” have the extended meaning given by section 43K.

Defined in s.230(6) · see it in the full Act
the effective date of termination

(1) Subject to the following provisions of this section, in this Part “the effective date of termination”—

(a)in relation to an employee whose contract of employment is terminated by notice, whether given by his employer or by the employee, means the date on which the notice expires,

(b)in relation to an employee whose contract of employment is terminated without notice, means the date on which the termination takes effect, and

(c)in relation to an employee who is employed under a limited-term contract which terminates by virtue of the limiting event without being renewed under the same contract, means the date on which the termination takes effect.

Defined in s.97(1) · see it in the full Act
employee

(1) In this Act “employee” means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment.

Defined in s.230(1) · see it in the full Act
employed

and “employed” shall be construed accordingly.

Defined in s.230(5) · see it in the full Act

(6) This section has effect subject to sections 43K , 47B(3) and 49B(10) ; and for the purposes of Part XIII so far as relating to Part IVA or section 47B, “worker”, “worker’s contract” and, in relation to a worker, “employer”, “employment” and “employed” have the extended meaning given by section 43K.

Defined in s.230(6) · see it in the full Act

Cases considering section 111 153

Gisda Cyf v Barratt

[2010] UKSC 41 · 13 October 2010

The three-month period for presenting an unfair dismissal complaint begins with the effective date of termination. On the adopted construction, the employee receives the full period after reading, or having a reasonable opportunity to learn of, the dismissal (see paras [7]; [36]; [42]). The further-period provision was unavailable because the employee could not show that presenting the complaint within three months had not been reasonably practicable (see para [8]).

The British Council v Jeffery & Ors

[2018] EWCA Civ 2253 · 16 October 2018Limits

The court rejected a proposed reading conferring jurisdiction over whistleblowing dismissal whenever the dismissal was decided in Great Britain. The employment relationship itself required the necessary jurisdictional connection. (see paras [114]-[120])

Meares v Medway Primary Care Trust

[2011] EWCA Civ 897 · 28 July 2011Limits

Section 111(2) supplies the reasonably practicable test for the time limit for presenting an unfair dismissal claim to an Employment Tribunal. The Court held that test did not govern the time limit for an appeal to the Court of Appeal. (see para [6])

133 more judgments, and what each says about section 111, are in the case-law panel in the full Act.

Amendments and notes

6 notes from legislation.gov.uk

Amendments

  1. F778Words in s. 111(1)-(3) and sidenote to s. 111 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
  2. F779Words in s. 111(2) substituted (2.3.2010) by The Employment Relations Act 1999 (Blacklists) Regulations 2010 (S.I. 2010/493), reg. 12(5)(a)
  3. F780Word in s. 111(2)(a) substituted (1.10.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 12 para. 4(25)(a); S.I. 2026/954, reg. 3 (with reg. 4)
  4. F781Word in s. 111(2)(b) substituted (1.10.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 12 para. 4(25)(b); S.I. 2026/954, reg. 3 (with reg. 4)
  5. F782S. 111(2A) substituted (31.12.2020) by The Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2019 (S.I. 2019/469), reg. 1(1), Sch. 1 para. 12(23) (with reg. 5) (as amended by S.I. 2020/1493, regs. 1(1), 4(5)(6)); 2020 c. 1, Sch. 5 para. 1(1)
  6. F783S. 111(5) inserted (2.3.2010) by The Employment Relations Act 1999 (Blacklists) Regulations 2010 (S.I. 2010/493), reg. 12(5)(b)