Dismissed for capability: unfair dismissal claim thrown out for being nearly two months late
A former employee's unfair dismissal claim against Qioptiq Limited was dismissed after he submitted it nearly two months late and failed to provide medical evidence for the delay despite multiple opportunities.
2 min read · Last updated 19 May 2026
Case details
- #out-of-time
- #medical-evidence
- #postponement
- #absence-of-claimant
Key facts
- The claimant was dismissed on 15 June 2022.
- The primary time limit for an unfair dismissal claim expired on 14 September 2022, extended to 26 October 2022 due to early conciliation.
- The claimant submitted his claim on 18 December 2022, nearly two months late.
- The claimant had contacted a legal expenses insurer and completed an online form in September/October 2022.
- The claimant did not provide medical evidence to explain his delay despite multiple requests.
- The claimant failed to attend the final preliminary hearing without medical evidence.
Timeline
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Dismissal
The claimant was dismissed by reason of capability.
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Early conciliation started
The claimant contacted ACAS for early conciliation.
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Early conciliation certificate issued
ACAS issued the early conciliation certificate.
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Contact with legal expenses insurer
The claimant received a message from a legal expenses insurer providing a link to apply for legal assistance.
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Application to legal expenses insurer
The claimant submitted an application for legal assistance.
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Extended time limit deadline
The extended deadline for submitting the claim expired.
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Claim submitted
The claimant submitted his unfair dismissal claim to the tribunal.
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First postponement request
The claimant requested postponement of the first preliminary hearing, providing a fit note.
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Second postponement request
The claimant requested postponement of the second preliminary hearing, providing a GP letter.
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Third postponement request
The claimant requested postponement of the third preliminary hearing, citing medical reasons but without medical evidence.
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Preliminary hearing
The hearing proceeded in the claimant's absence; the claim was dismissed as out of time.
The legal issue
The tribunal had to decide whether the former employee's unfair dismissal claim was submitted within the statutory time limit (three months from dismissal, extended for early conciliation), and if not, whether it was not reasonably practicable for him to have submitted it in time.
The outcome
The tribunal dismissed the claim as out of time.
- The former employee was dismissed on 15 June 2022. The extended deadline (including early conciliation) was 26 October 2022, but he submitted his claim on 18 December 2022 – nearly two months late.
- He had contacted a legal expenses insurer in September/October 2022 and completed an online form, but did not explain why that prevented him from submitting the claim in time.
- Despite three preliminary hearings being scheduled, he requested postponements each time. For the final hearing, he failed to provide any medical evidence for his non-attendance, despite clear directions from the tribunal.
- The tribunal found that it was reasonably practicable for the claim to have been brought in time, and therefore dismissed it.
Lessons & takeaways
- The time limit for unfair dismissal claims is strict – usually three months from dismissal, extended by early conciliation. Missing it by even a few weeks can be fatal if there is no good reason.
- If you need a postponement on medical grounds, you must provide proper medical evidence (e.g., a doctor's letter) and follow the tribunal's guidance – a bare assertion is not enough.
- Contacting a legal expenses insurer or filling in an online form does not automatically excuse a delay; you must show why it made it not reasonably practicable to submit the claim in time.
- Failing to attend a hearing without good reason can lead to the claim being dismissed in your absence – the tribunal will proceed if it considers it fair to do so.
A case of missed deadlines and missing evidence
This case shows how strictly employment tribunals apply the time limits for bringing an unfair dismissal claim. The former employee was dismissed by Qioptiq Limited on 15 June 2022. After early conciliation with ACAS, the extended deadline for submitting his claim was 26 October 2022. He did not submit it until 18 December 2022 – nearly two months late.
The tribunal had to decide whether it was 'not reasonably practicable' for him to have submitted the claim in time. That is the only legal gateway for a late claim. The former employee had contacted a legal expenses insurer and completed an online form in September/October 2022, but the tribunal noted that this did not explain why he could not have submitted his own claim. He provided no medical evidence to suggest he was unable to act during the relevant period.
Three hearings, three postponements, no medical proof
The case was listed for three separate preliminary hearings to decide the time limit issue. The first two were postponed at the former employee's request – he provided a fit note and then a GP letter. But the tribunal made clear that any further postponement would need proper medical evidence. For the third hearing on 10 November 2023, he simply said he was not ready 'due to medical reasons' but provided no evidence. He did not attend, and the tribunal decided to proceed in his absence.
What the losing side could have done differently
The former employee could have submitted his claim on time, even if only to protect his position. If he genuinely could not, he needed to provide compelling medical evidence covering the period from dismissal to the deadline. Instead, he waited, and then failed to engage with the tribunal's clear requirements. The tribunal found that it was reasonably practicable for him to have brought the claim in time, and dismissed it.
Why this matters for similar claims
This case is a reminder that employment tribunals take time limits seriously. The 'not reasonably practicable' test is hard to satisfy – it is not enough to be busy, stressed, or waiting for legal advice. If you miss the deadline, you need a strong, evidenced reason. And if you ask for a postponement, follow the tribunal's rules on medical evidence. Otherwise, your claim may be dismissed before it even gets to the merits.
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