The effective date of termination was 20 June 2016. The claimant went to ACAS on 22 July 2016 which was the date of notification (Day A). The early conciliation certificate was issued on 22 August 2016 (Day B). The three months' statutory time limit therefore expired on 19 September 2016. The period of conciliation was 31 days. The claim form was presented on 18 October 2016. The dispute here was whether the 31 days period of conciliation extended the time limit from 19 September to 20 October (i.e. 31 days after 19 September) or whether the effect of s207B(4) ERA meant that time expired one month after Day B i.e. 22 September (in which case the claim would be out of time). S207B(3) and (4) read as follows:

(3) In working out when a time limit set by a relevant provision expires the period beginning with the day after Day A and ending with Day B is not to be counted.

(4) If a time limit set by a relevant provision would (if not extended by this subsection) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.

The EAT referred the matter to a full hearing as this ambiguity has been brought before the ET on several occasions and needs to be clarified.