Darren Smith and Hannah King from Herrington Carmichael’s Employment Team have successfully acted for the Respondent in the recent Employment Appeal Tribunal (EAT) case of Raison v DF Capital Bank Ltd & Others [2025] EAT 86.
This significant appeal clarifies the application of ACAS Early Conciliation (EC) rules in relation to tribunal time limits.
Background
On 13 February 2023, the Claimant contacted ACAS, four days prior to her dismissal which took place on the 17 February 2023. A claim for automatic unfair dismissal against our client was submitted to the Tribunal on 30 May 2023, just over three months from her effective date of termination (EDT).
The Claimant argued that the entire EC period (13–28 February 2023) should be added on to the time calculation, meaning that she submitted her claim on time. Our position was that only the time between 17 – 28 February 2023, when the unfair dismissal claim arose, should be considered.
Legal Issue
The appeal centred on an important jurisdictional point of how time limits are calculated when a Claimant engages in ACAS Early Conciliation prior to dismissal. The question for the EAT to consider was whether the original Tribunal had correctly applied the law in concluding that the Claimant was not entitled use the entire EC period to pause the statutory three-month time limit for bringing a claim, only the portion of the EC period that occurred after the EDT.
Judgment summary
The Employment Appeal Tribunal concluded that:
- Only the days of the EC period that fall after the EDT can be considered for the purposes of extending the primary limitation period.
- The statutory wording and authorities such as Serra Garau support this position.
- Allowing the entire EC period to pause the clock, regardless of when EC began, would create an inconsistent and potentially unfair system.
The Claimant’s appeal was dismissed in full, with the EAT also affirming that it had been reasonably practicable for her to submit her claim in time. This ruling resulted in a success for our client DF Capital Bank Ltd in preventing the Claimant’s claim for automatic unfair dismissal from proceeding.
The link to the full Judgment can be found here.
Our Role
Our firm advised the Respondent throughout the matter and on appeal, working closely with Joseph England of 3 Paper Buildings, who represented the Respondent at the hearing before the Employment Appeal Tribunal.
We are pleased to have secured this outcome, which provides valuable legal guidance for both employers and employment law practitioners navigating the ACAS Early Conciliation regime.
Legal and Practical Significance
This decision brings welcome clarity and consistency to a previously unsettled area of employment law. Several first-instance tribunals had adopted conflicting approaches, with some accepting full EC pauses and others following the post-EDT rule.
The EAT’s decision reinforces that:
- ACAS EC does not extend time for events occurring before employment ends.
- Precise calculation of time limits remains crucial, especially for claims arising from dismissal.
- Claimants must act promptly and cannot rely on EC begun pre-termination to extend their deadlines.
Key Takeaways for employers, practitioners and claimants
For employers and practitioners, this case serves as a reminder of the importance of carefully scrutinising jurisdictional time limits, particularly where EC overlaps the EDT.
For Claimants, it underscores the need to seek advice early and avoid assumptions that ACAS EC automatically “stops the clock” for the entire period.
Contact us
If you would like to speak to our employment team about this case or any issue involving unfair dismissal, whistleblowing claims, or tribunal procedure, please don’t hesitate to contact us.
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