Dyslexic former employee's unfair dismissal claim dismissed as out of time
A tribunal dismissed a former employee's claims for unfair dismissal, breach of contract and unlawful deductions because they were presented one day late, and it was reasonably practicable to file on time despite dyslexia and Covid-19.
2 min read · Last updated 19 May 2026
Case details
- #out-of-time
- #early-conciliation
- #acas-certificate
- #dyslexia-adjustments
- #covid-19-illness
Key facts
- Ms Marsland was employed by Keepmoat Homes Ltd from 19 March 2018 until her dismissal on 7 September 2022.
- She appealed her dismissal on 10 September 2022, and the appeal was rejected on 30 September 2022.
- Early conciliation started on 10 November 2022 and ended on 22 December 2022.
- Ms Marsland presented her claim to the tribunal on 23 January 2023.
- The tribunal found that it was reasonably practicable for her to present the claim by 22 January 2023, the deadline.
Timeline
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Employment commenced
Ms Marsland started working for Keepmoat Homes Ltd.
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Dismissal
Keepmoat dismissed Ms Marsland.
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Appeal lodged
Ms Marsland appealed against her dismissal.
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Appeal rejected
Keepmoat rejected Ms Marsland's appeal.
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Early conciliation started
Ms Marsland notified Acas of her potential claim.
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Early conciliation ended
Acas issued the early conciliation certificate and sent it by email.
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Certificate accessed
Ms Marsland first accessed her email and saw the Acas certificate.
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Illness with Covid-19
Ms Marsland fell ill with Covid-19; her mother was also in hospital.
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Recovery from Covid-19
Ms Marsland was fully recovered from Covid-19.
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Claim presented
Ms Marsland presented her claim to the tribunal.
The legal issue
The tribunal had to decide whether the former employee's claims were presented within the statutory time limit, and if not, whether it was not reasonably practicable for her to do so, so that time should be extended.
The outcome
The tribunal dismissed all three claims (unfair dismissal, breach of contract, and unauthorised deductions from wages) because they were presented one day late.
- The deadline to present the unfair dismissal claim was 22 January 2023 (three months minus one day after the effective date of termination, 7 September 2022, plus the early conciliation extension).
- The former employee presented her claim on 23 January 2023, one day late.
- The tribunal found that it was reasonably practicable for her to present the claim in time, despite her dyslexia and a period of illness with Covid-19 from 12 to 20 January 2023. She had recovered by 20 January and had three days (including a weekend) to file, but did not do so until 23 January.
Lessons & takeaways
- Time limits for employment tribunal claims are strict: you usually have three months minus one day from the date of dismissal (or other act complained of) to start early conciliation or present your claim.
- Early conciliation with Acas pauses the clock, but you must still present your claim within the time limit after the Acas certificate is issued.
- Personal circumstances like dyslexia or illness may be considered, but you must show it was not reasonably practicable to file on time; recovery before the deadline can be fatal to an extension.
- If you file a claim too early (before early conciliation is completed), it may be rejected; ensure you follow the correct process.
A case decided on timing, not merit
This case never reached the substance of the former employee's complaints. Instead, it turned entirely on whether she had filed her claim within the strict time limits that apply to employment tribunal claims. The tribunal found she had not, and that there was no good reason to extend time.
The former employee, who had worked for Keepmoat Homes Ltd for over four years, was dismissed on 7 September 2022. She appealed, but the appeal was rejected on 30 September. She then started early conciliation with Acas on 10 November, which ended on 22 December. Under the rules, she had until 22 January 2023 to present her claim to the tribunal. She filed it on 23 January — one day late.
What went wrong
The former employee argued that her dyslexia made it harder to process information and that she had been ill with Covid-19 from 12 to 20 January, with her mother also in hospital. The tribunal accepted she had dyslexia and made adjustments during the hearing, but noted that she had recovered from Covid-19 by 20 January and had three days (including a weekend) to file before the deadline. She did not explain why she could not file on 21 or 22 January.
The tribunal also noted that she had previously attempted to file a claim before early conciliation, which was rejected — showing she knew how to use the online system. The judge concluded it was reasonably practicable for her to have filed on time, and therefore the tribunal had no jurisdiction to hear the claims.
What this means for others
This case is a stark reminder that employment tribunal time limits are unforgiving. Even a single day's delay can be fatal, and personal difficulties — while sympathetically considered — will not automatically extend time. Anyone considering a claim should note the exact deadline and aim to file well before it. If you need help due to a disability, you can ask the tribunal for adjustments, but you must still meet the deadline.
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