Wrong ACAS advice leads to claim being struck out as out of time

This case shows how a misunderstanding of time limits can derail an otherwise potentially valid claim. The claimant, an MDU engineer with five years' service at Sky In-Home Services Limited, was summarily dismissed for gross misconduct in February 2021. He contacted ACAS soon after and was wrongly told he could wait for his appeal outcome before starting early conciliation. He followed that advice, but by the time his appeal was dismissed in October 2021, the three-month time limit had long passed.

What went wrong

The claimant contacted ACAS twice — in March and May 2021 — and was reassured both times that waiting was fine. It was only in November 2021, when he called again, that ACAS corrected its advice. He started early conciliation that same month and presented his claim in January 2022. But by then the claim was almost eight months late. The tribunal accepted that the initial ACAS advice was wrong, but noted that once the claimant was corrected on 12 November 2021, he could have presented his claim sooner than 17 January 2022. He did not give a good reason for the delay after the correction.

Why the result matters

The tribunal applied the standard test: was it reasonably practicable to present the claim in time? Even though ACAS gave bad advice, the claimant had a duty to act promptly once he knew the correct position. The delay after 12 November was not justified, so the unfair dismissal claim was struck out. The race discrimination claim was also struck out because the same delay made it not just and equitable to extend time. This case is a reminder that employees cannot rely indefinitely on incorrect official advice — once the error is known, they must move quickly.