Long-serving acting manager's unfair dismissal claim dismissed as out of time
A tribunal dismissed an unfair dismissal claim from an acting manager with 32 years' service because he filed it too late, despite multiple ACAS contacts and an ongoing appeal.
1 min read · Last updated 18 May 2026
Case details
- #acting-manager
- #acas-advice
- #appeal-process
- #stress
- #time-limit
Key facts
- The claimant was dismissed on 17 June 2022 after 32 years' service as an acting manager.
- The claimant contacted ACAS multiple times but did not file a claim within three months of dismissal.
- At the appeal hearing on 8 September 2022, the claimant raised the three-month time limit issue.
- The claimant received the appeal outcome on 22 September 2022 but did not read it until the next day.
- The claimant entered early conciliation on 5 October 2022 and filed the claim on 31 October 2022.
Timeline
-
Employment started
The claimant began working for the respondent.
-
Dismissal
The claimant was dismissed from his role as acting manager.
-
First ACAS contact
The claimant made his first contact with ACAS following dismissal.
-
Appeal hearing
The claimant attended an appeal hearing against his dismissal.
-
Adjourned appeal hearing
The appeal hearing was adjourned and continued.
-
Final appeal hearing
At the final appeal hearing, the claimant mentioned the three-month time limit.
-
Appeal outcome letter received
The claimant received the appeal outcome letter but did not read it until the next day.
-
22-minute ACAS call
The claimant had a 22-minute phone call with ACAS.
-
Early conciliation started
The claimant entered early conciliation with ACAS.
-
ACAS certificate issued
ACAS issued the early conciliation certificate.
-
Claim filed
The claimant filed his unfair dismissal claim with the tribunal.
The legal issue
The tribunal had to decide whether the claimant presented his unfair dismissal claim within the three-month time limit, or if it was not reasonably practicable to do so and the claim was presented within a reasonable further period.
The outcome
The tribunal dismissed the claim as out of time.
The claimant was dismissed on 17 June 2022 after 32 years' service. He contacted ACAS several times but did not file his claim until 31 October 2022, well past the 16 September deadline. At an appeal hearing on 8 September 2022, the claimant himself raised the three-month issue, showing he was aware of a time limit. The tribunal held it was reasonably practicable for him to have filed in time, and his reasons for delay (stress, job hunting, family issues) were not supported by evidence.
No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- The three-month time limit for unfair dismissal claims runs from the effective date of termination, not from the outcome of any internal appeal.
- Contacting ACAS does not pause the time limit; you must still file your claim within the three-month window (or within any extension from early conciliation).
- If you raise a time limit issue yourself during an appeal, the tribunal may treat that as evidence you were aware of the deadline.
- Personal stress or family difficulties are unlikely to excuse a late claim unless they are clearly documented and linked to the delay.
- Seek legal advice early if you are unsure about deadlines, especially if you have a long service history that might give you stronger rights.
This case shows how strictly employment tribunals enforce the three-month time limit for unfair dismissal claims, even for long-serving employees.
What happened
The claimant, an acting manager with 32 years' service, was dismissed on 17 June 2022. He appealed internally and contacted ACAS several times, but did not file his tribunal claim until 31 October 2022. At the final appeal hearing on 8 September 2022, he mentioned the 'three-month bracket' to his employer, showing he was aware of a time limit. The tribunal found that from that point, he had enough information to investigate and file in time.
Why the claim failed
The tribunal noted that the claimant had multiple ACAS calls and was told by his employer to 'do his homework' on the time limit. His stress and personal issues were not mentioned in his claim or witness statement, so the tribunal gave them little weight. The key point: the time limit runs from dismissal, not from the appeal outcome. By waiting for the appeal result, the claimant missed the deadline.
What this means for others
If you are considering an unfair dismissal claim, do not rely on an internal appeal to extend the time limit. File your claim within three months of dismissal, even if the appeal is ongoing. ACAS early conciliation can extend the deadline slightly, but only if you start it before the three months expire. This case is a reminder that the tribunal expects claimants to act promptly, regardless of long service or personal circumstances.
Similar cases
Cleaning operative's unfair dismissal claims dismissed as out of time
A cleaning operative who filed two unfair dismissal claims after the three-month deadline has had both claims dismissed. The tribunal found it was reasonably practicable for him to have filed in time.
18-year teaching assistant loses unfair dismissal claim after missing deadline by five weeks
A teaching assistant dismissed for a Facebook post about her school was too late to bring an unfair dismissal claim. The tribunal ruled it was reasonably practicable for her to have filed in time, despite her stress and anxiety.
Unfair dismissal claim dismissed despite severe mental health: the 'reasonable period' trap
A bank employee's unfair dismissal claim was dismissed as out of time, even though the tribunal accepted her severe mental health made it not reasonably practicable to claim within the first three months.
Janitor dismissed for unauthorised absences caught on CCTV: gross misconduct upheld
A janitor with six years' service was fairly dismissed after CCTV and fob data showed he spent extended periods away from his post. The tribunal rejected his unfair dismissal claim.