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England and Wales · Employment Tribunal

When must I present a whistleblowing detriment ET1?

Present this whistleblowing detriment ET1 within six calendar months less one day when the established operative event is on or after October 1, 2026. Earlier events retain three months less one day. Applicable ACAS dates can extend the limit.

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Period
Six calendar months less one day from October 1, 2026. Three months less one day for earlier operative events
Trigger
Date of the established detriment or deliberate failure
Rule
Employment Rights Act 1996, section 48(1A), (3)–(4A)
Employment Rights Act 1996, section 48(1A), (3)–(4A)

Official consolidated provisions and original commencement regulations reviewed. The operative event selects the statutory transition.

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Which established event starts this whistleblowing claim period?

Present this whistleblowing detriment ET1 within six calendar months less one day when the established operative event is on or after October 1, 2026. Earlier events retain three months less one day. Applicable ACAS dates can extend the limit.

Responsible actor. The worker presenting a protected-disclosure detriment complaint.

Use the detriment date, the last of an established series of similar acts or failures, or the statutory decision date for a deliberate failure. The disclosure date alone does not start this clock.

SI 2026/954 regulation 4 retains the old limit for an earlier relevant act or failure. For an established series, its last act or failure selects the transition.

Use the detriment date, the last of an established series of similar acts or failures, or the statutory decision date for a deliberate failure. The disclosure date alone does not start this clock. This calculator supports established operative events in 2026 and 2027. It does not decide disputed events, eligibility, continuing conduct, a qualifying series, extension applications or case-specific directions.

Employment Rights Act 1996, section 48(1A), (3)–(4A)

How do the October 2026 transition and ACAS dates affect counting?

  1. Use the detriment date, the last of an established series of similar acts or failures, or the statutory decision date for a deliberate failure. The disclosure date alone does not start this clock.
  2. Select three months before October 1, 2026 or six months on or after that date.
  3. Include the operative day in the statutory calendar-month period. End before the corresponding date in the target month, or on its last day when that corresponding date does not exist.
  4. Apply supported ACAS dates separately, without reviving an already expired limit.
  5. Statutory claim limitation includes weekends and bank holidays. Rule 5(2) does not provide a next-working-day carry for this statutory period.

Include the operative day in the statutory calendar-month period. End before the corresponding date in the target month, or on its last day when that corresponding date does not exist.

Statutory claim limitation includes weekends and bank holidays. Rule 5(2) does not provide a next-working-day carry for this statutory period.

Employment Rights Act 1996, section 207B

What do independent deadline examples show?

Fictitious example

The established date of the established detriment or deliberate failure is October 8, 2026. No ACAS adjustment applies.

Example counting steps
StepWhat is countedDate
Ordinary established eventSix inclusive calendar months end April 7, 2027. The relevant event is after the statutory transition.Wednesday, April 7, 2027
Weekend or holiday final dayThree inclusive calendar months end Sunday May 31, 2026. Statutory limitation stays on Sunday.Sunday, May 31, 2026
Established material conditionThe pre-October event retains three months, ending December 29, 2026, although filing falls after commencement.Tuesday, December 29, 2026
Established material conditionThe first day covered by the six-month change ends March 31, 2027. Subtracting before adding months would be wrong.Wednesday, March 31, 2027
Example resultWednesday, April 7, 2027

Fictitious established facts. These examples do not establish eligibility, the operative event, continuing conduct, a qualifying series, granted relief, valid ACAS receipt or completed presentation.

Try these dates in the calculator

Which conditions change this whistleblowing complaint?

Does making the disclosure start this deadline?
The section 48(3) clock follows the complained-of detriment or failure, rather than the protected disclosure itself. Establish the detriment and its date.
Can later acts form a series?
Section 48(3)(a) uses the last act or failure in a series of similar acts or failures. Whether that series exists requires a separate assessment.
How do I date a deliberate failure to act?
Section 48(4) uses the decision date. An inconsistent act or expiry of the reasonably expected period can supply the date when no contrary evidence exists.
October 1, 2026 transition
SI 2026/954 regulation 4 retains the old limit for an earlier relevant act or failure. For an established series, its last act or failure selects the transition.
One timely ACAS notification
One timely ACAS notification for the same matter can be calculated. Pre-event notification, repeated certificates and disputed actual or deemed receipt need separate review. Day A must be on or after the operative event and no later than the original deadline. Day B is actual receipt or earlier deemed receipt.
Employment Rights Act 1996, section 48(1A), (3)–(4A)
  • Use the detriment date, the last of an established series of similar acts or failures, or the statutory decision date for a deliberate failure. The disclosure date alone does not start this clock. This calculator supports established operative events in 2026 and 2027. It does not decide disputed events, eligibility, continuing conduct, a qualifying series, extension applications or case-specific directions.
  • One timely ACAS notification for the same matter can be calculated. Pre-event notification, repeated certificates and disputed actual or deemed receipt need separate review.

What must I file and verify?

Questions about present a whistleblowing detriment et1

When must I present a whistleblowing detriment ET1?

Does making the disclosure start this deadline?

The section 48(3) clock follows the complained-of detriment or failure, rather than the protected disclosure itself. Establish the detriment and its date.

Employment Rights Act 1996, section 48(1A), (3)–(4A)

Can later acts form a series?

Section 48(3)(a) uses the last act or failure in a series of similar acts or failures. Whether that series exists requires a separate assessment.

Employment Rights Act 1996, section 48(1A), (3)–(4A)

How do I date a deliberate failure to act?

Section 48(4) uses the decision date. An inconsistent act or expiry of the reasonably expected period can supply the date when no contrary evidence exists.

Employment Rights Act 1996, section 48(1A), (3)–(4A)

Is whistleblowing dismissal the same procedure?

No. This preset concerns section 47B detriment enforced through section 48. An unfair dismissal complaint under section 103A follows section 111, and interim relief has a separate seven-day limit.

Employment Rights Act 1996, section 48(1A), (3)–(4A)

What standard applies to a late detriment complaint?

Section 48(3)(b) uses the not-reasonably-practicable test and a further reasonable period. The calculator does not substitute the discrimination just-and-equitable test.

Employment Rights Act 1996, section 48(1A), (3)–(4A)

Which edition applies across October 1, 2026?

SI 2026/954 regulation 4 retains the old limit for an earlier relevant act or failure. For an established series, its last act or failure selects the transition.

SI 2026/954, regulations 3–4 and Schedule

Official sources and review

Provisions used (5)
Provisions used in this guide
ProvisionPurpose
Employment Rights Act 1996, section 48(1A), (3)–(4A)Establish the identified act, trigger, conditions, presentation boundary and applicable edition
SI 2026/954, regulations 3–4 and ScheduleEstablish the identified act, trigger, conditions, presentation boundary and applicable edition
Employment Rights Act 1996, section 207BReview the applicable counting and extension provisions for this claim or response
Employment Tribunal Procedure Rules 2024, rules 10–13Establish the identified act, trigger, conditions, presentation boundary and applicable edition
ACAS, employment tribunal time limits, October 2026 guidanceEstablish the identified act, trigger, conditions, presentation boundary and applicable edition
Read the official controlling provision

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