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Scotland court deadlines

When does the Scottish unfair dismissal claim period end with one completed ACAS period?

Section 111 uses the actual effective termination under section 97(1). Termination before October 1, 2026 uses three months. Later termination uses six months. The calculator applies section 207B to exactly one completed qualifying ACAS period, using actual prescribed notification and actual or earlier deemed certificate receipt.

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Period
Three or six months beginning with actual termination, adjusted for the completed section 207B period
Trigger
actual effective date of termination under section 97(1)
Rule
Employment Rights Act 1996 ss 97(1),111,207B; SI 2026/954 regs 3,4 and Schedule; Early Conciliation Rules 2014
Employment Rights Act 1996 ss 97(1),111,207B; SI 2026/954 regs 3,4 and Schedule; Early Conciliation Rules 2014

Current cited source. Supported actual events run from 2026-01-01 through 2027-12-31. Pure calendar endpoints are bounded through 2028-12-31. Later legal changes require review.

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When does the Scottish unfair dismissal claim period end with one completed ACAS period?

Section 111 uses the actual effective termination under section 97(1). Termination before October 1, 2026 uses three months. Later termination uses six months. The calculator applies section 207B to exactly one completed qualifying ACAS period, using actual prescribed notification and actual or earlier deemed certificate receipt.

Responsible actor. Employee bringing a qualifying unfair-dismissal complaint in Scotland.

Establish actual effective date of termination under section 97(1).

This is the employee’s qualifying section 111 unfair-dismissal complaint in Scotland. Another claim, contract action, interim-relief application or ET3 response is excluded.

The section 111 presentation period for the actual termination date, adjusted for exactly one completed qualifying section 207B period. This does not determine admissibility, qualifying service, discretionary relief or whether the claim is in time.

Employment Rights Act 1996 ss 97(1),111,207B; SI 2026/954 regs 3,4 and Schedule; Early Conciliation Rules 2014

How does this provision count time?

  1. Use the reviewed section 111 corresponding-month convention and apply actual section 207B excluded days and the minimum month where applicable.
  2. No automatic weekend, bank-holiday or office-closure extension applies. Complete the actual legally required act through its applicable route and cutoff.
  3. Check the actual applicable source conditions and complete the required statutory process.

Use the reviewed section 111 corresponding-month convention and apply actual section 207B excluded days and the minimum month where applicable.

No automatic weekend, bank-holiday or office-closure extension applies. Complete the actual legally required act through its applicable route and cutoff.

Employment Rights Act 1996 ss 97(1),111,207B; SI 2026/954 regs 3,4 and Schedule; Early Conciliation Rules 2014

What do independently checked examples show?

Fictitious example

Fictional established facts. The selected statutory event occurs on Thursday, October 15, 2026. Every stated scope condition is established. Exactly one prescribed ACAS notification occurs on Friday, October 16, 2026 and actual or earlier deemed certificate receipt occurs on Friday, October 30, 2026.

Example counting steps
StepWhat is countedDate
Example 1. Ordinary established factsFictional established facts. The selected statutory event occurs on Thursday, October 15, 2026. Every stated scope condition is established. Exactly one prescribed ACAS notification occurs on Friday, October 16, 2026 and actual or earlier deemed certificate receipt occurs on Friday, October 30, 2026. Use six months beginning with actual termination. Exclude Day A+1 through Day B. Apply the one-month-after-Day-B minimum where section 207B(4) applies. No bank-holiday extension is inferred.Wednesday, April 28, 2027
Example 2. Material procedural branchFictional established facts. The selected statutory event occurs on Wednesday, September 30, 2026. Every stated scope condition is established. Exactly one prescribed ACAS notification occurs on Thursday, October 1, 2026 and actual or earlier deemed certificate receipt occurs on Thursday, October 15, 2026. Use three months beginning with actual termination. Exclude Day A+1 through Day B. Apply the one-month-after-Day-B minimum where section 207B(4) applies. No bank-holiday extension is inferred.Tuesday, January 12, 2027
Example 3. Closed-day boundaryFictional established facts. The selected statutory event occurs on Saturday, January 31, 2026. Every stated scope condition is established. Exactly one prescribed ACAS notification occurs on Thursday, April 30, 2026 and actual or earlier deemed certificate receipt occurs on Friday, May 15, 2026. The recipient office is confirmed closed on the ordinary endpoint. That closure does not change this statutory calculation. Use three months beginning with actual termination. Exclude Day A+1 through Day B. Apply the one-month-after-Day-B minimum where section 207B(4) applies. No bank-holiday extension is inferred.Monday, June 15, 2026
Example resultWednesday, April 28, 2027

Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.

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Which conditions and exceptions apply?

Source condition 1
This is the employee’s qualifying section 111 unfair-dismissal complaint in Scotland. Another claim, contract action, interim-relief application or ET3 response is excluded.
Source condition 2
I established actual termination under section 97(1). A later deemed date for qualifying service under section 97(2) does not replace this presentation-period event.
Source condition 3
Exactly one qualifying early-conciliation notification and completed certificate concern this dispute. Day A is on or after termination and within the unadjusted claim period.
Source condition 4
Day A is actual compliance with the prescribed notification requirement. Day B is actual receipt or the earlier deemed receipt under the applicable certificate rule.
Source condition 5
Repeated certificates, conciliation before termination, an uncompleted process or late first notification are outside this model. They do not automatically restart time.
Source condition 6
Actual termination before October 1, 2026 uses three months. Termination on or after that date uses six months. The change does not retrospectively extend an earlier termination.
Source condition 7
The completed ACAS adjustment uses section 207B(3) and(4). No tribunal discretionary extension, internal grievance, reconsideration or other altered period is assumed.
Source condition 8
The actual ET1, certificate and presentation route and cutoff must be satisfied. This date does not establish standing, qualifying service, merits, admissibility or timely receipt.
Employment Rights Act 1996 ss 97(1),111,207B; SI 2026/954 regs 3,4 and Schedule; Early Conciliation Rules 2014
  • The section 111 presentation period for the actual termination date, adjusted for exactly one completed qualifying section 207B period. This does not determine admissibility, qualifying service, discretionary relief or whether the claim is in time.
  • No. The October 1, 2026 change depends on actual termination. It does not retrospectively extend an earlier termination. Repeated certificates, late first notification and conciliation before termination are outside this model.

What must the responsible actor complete?

Questions about this procedure

When does the Scottish unfair dismissal claim period end with one completed ACAS period?

When does the Scottish unfair dismissal claim period end with one completed ACAS period?

Section 111 uses the actual effective termination under section 97(1). Termination before October 1, 2026 uses three months. Later termination uses six months. The calculator applies section 207B to exactly one completed qualifying ACAS period, using actual prescribed notification and actual or earlier deemed certificate receipt.

Employment Rights Act 1996 ss 97(1),111,207B; SI 2026/954 regs 3,4 and Schedule; Early Conciliation Rules 2014

Can an earlier termination use the new six-month period?

No. The October 1, 2026 change depends on actual termination. It does not retrospectively extend an earlier termination. Repeated certificates, late first notification and conciliation before termination are outside this model.

Employment Rights Act 1996 ss 97(1),111,207B; SI 2026/954 regs 3,4 and Schedule; Early Conciliation Rules 2014

How are weekends and office closures handled?

No automatic weekend, bank-holiday or office-closure extension applies. Complete the actual legally required act through its applicable route and cutoff.

Employment Rights Act 1996 ss 97(1),111,207B; SI 2026/954 regs 3,4 and Schedule; Early Conciliation Rules 2014

Official sources and review

Provisions used (5)
Provisions used in this guide
ProvisionPurpose
Employment Rights Act 1996 ss 97(1),111,207B; SI 2026/954 regs 3,4 and Schedule; Early Conciliation Rules 2014Check the identified procedure, event, counting rule or qualification
Section 97. Actual effective date of terminationCheck the identified procedure, event, counting rule or qualification
Section 207B. Actual Day A and Day B and statutory exclusionsCheck the identified procedure, event, counting rule or qualification
October 1, 2026 three-month to six-month transitionCheck the identified procedure, event, counting rule or qualification
Early Conciliation Rules and actual or deemed certificate receiptCheck the identified procedure, event, counting rule or qualification
Read the official controlling provision

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