Employment Rights Act 1996, section 207B

Extension of time limits to facilitate conciliation before institution of proceedings

Part XIII Miscellaneous

(1) This section applies where this Act provides for it to apply for the purposes of a provision of this Act (a “relevant provision”).

F1061 ...

(2)In this section—

(a) Day A is the day on which the complainant or applicant concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and

(b)Day B is the day on which the complainant or applicant concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section.

(3)In working out when a time limit set by a relevant provision expires the period beginning with the day after Day A and ending with Day B is not to be counted.

(4)If a time limit set by a relevant provision would (if not extended by this subsection) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.

(5)Where an employment tribunal has power under this Act to extend a time limit set by a relevant provision, the power is exercisable in relation to the time limit as extended by this section.F1060]

Definitions used in section 207B 1

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

Cases considering section 207B 17

D Carabott v London Borough of Newham

[2025] EAT 155 · 29 October 2025

Section 207B extends the time for presenting a claim only where early conciliation begins within the primary limitation period. As the dismissal was communicated, or reasonably discoverable, by 11 July 2020 and early conciliation began on 12 October 2020, no extension arose (see paras [19]; [44]-[45]).

C Raison v DF Capital Bank Ltd & Ors

[2025] EAT 86 · 17 June 2025Interprets

Section 207B(2)(a) defines Day A by reference to compliance with the requirement to contact ACAS. The parties agreed the applicable Day A. (see para [25]) Section 207B(2)(b) defines Day B by reference to receipt of the ACAS certificate. The parties agreed the applicable Day B. (see para [25]) Section 207B(3) excludes from the limitation calculation only early-conciliation days occurring after limitation begins. It stops the limitation clock during that part of conciliation and does not add pre-effective-date-of-termination days to the end of the limitation period. (see paras [64]–[69]; [71]–[78]) Section 207B(4) did not apply because the unextended time limit did not expire within its specified period. Its distinct purpose is to prevent unfair disadvantage where conciliation concludes close to expiry. (see paras [25]; [70])

Tracey Smith v The Restaurant Group (UK) Ltd

[2024] EAT 168 · 1 November 2024Interprets

The reference to the certificate in section 207B concerns the mandatory early-conciliation certificate. It does not exclude time spent obtaining a voluntary second certificate relating to the same matter. (see paras [8]; [10])

4 more judgments, and what each says about section 207B, are in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F1060S. 207B inserted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 2 para. 35; S.I. 2014/253, art. 3(g)
  2. F1061Words in s. 207B(1) omitted (31.12.2020) by virtue of The Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2019 (S.I. 2019/469), reg. 1(1), Sch. 1 para. 12(26) (with reg. 5) (as amended by S.I. 2020/1493, regs. 1(1), 4(5)(6)); 2020 c. 1, Sch. 5 para. 1(1)