Time Limit in detriment cases

McKinney v London Borough of Newham

A useful point for employers to bear in mind, and a reminder of the strict rules on the timing of claims.

When an employee claims to have suffered a detriment because of having made a protected disclosure, they have three months in which to bring a tribunal claim. But when does the clock start ticking?

Mr McKinney brought a claim alleging detrimental treatment caused by his employer’s decision to reject his grievance. Should he have brought the claim within three months of the employer’s decision, or – as he had done – within three months of the date he learned about that decision by receiving his appeal letter?

Time ran from the date the employer took the decision to reject the grievance, the Employment Appeal Tribunal held, and not when Mr McKinney was notified of it. The claim had therefore been brought out of time.

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