Joseph England successful in EAT: ACAS EC period occurring before limitation starts is not added on to extend time

17th June 2025

In Raison v DF Capital Bank Limited & Others [EA 2024 000292] Joseph England (pictured here) was successful before the EAT in having the appeal dismissed. The EAT agreed with Joseph’s argument that time spent in ACAS EC prior to limitation starting is not added on to the end of the limitation period.

The appeal arose in the context of the Claimant having issued a claim for unfair dismissal due to having allegedly raised a protected disclosure. However, the EAT’s decision is about the ACAS Early Conciliation (EC) regime more generally and therefore is of universal importance as to how time limits are calculated across all claims.

The issue of whether to add on days spent in ACAS EC before limitation starts has produced different views for many years. The EAT record the 5 different ET cases relied upon by the Claimant as well as an extract from Harvey on Industrial Relations and Employment Law, opposed by the 3 different ET cases relied upon by the Respondent (as well as that under appeal) as well as an extract from IDS Employment Law Handbook.

In finding for the Respondent, the EAT noted that the contrary view would produce a cliff edge effect and inconsistencies for Claimants, who risked either losing or gaining all of their ACAS EC extension if they ended ACAS EC on dates just 2 days apart. The EAT noted, “this is well illustrated by Mr England’s well chosen example” [75].

A more detailed analysis of the case can be found here.

In representing the Respondent, Joseph was instructed by Herrington Carmichael LLP.

 

For more information or to instruct Joseph England, contact his clerk Russell Porter.

Joseph England specialises in Employment Law and Business & Commercial Law. His two areas complement each other and often overlap, enabling him to provide advice and representation from a practical and holistic perspective. He is very experienced in both fields and is often trusted with important and complex cases by those instructing. Further detail and examples of previous cases can be found in his specialist pages. He is the author of NHS Whistleblowing and the Law, providing a practical and comprehensive study of the law of whistleblowing both within and outside the NHS.