Reliance on ACAS advice saved out-of-time unfair dismissal claim

When ACAS advice leads you astray

This case shows how a single day's delay, caused by misleading advice from ACAS, nearly cost an employee the chance to bring her claims. The claimant, an Operations Team Leader with two years' service, was told by an ACAS officer that she had 'at least one calendar month' from the date of her Early Conciliation certificate to submit a tribunal claim. She understood that to mean 11 February 2022, but the actual deadline was 10 February 2022.

When she queried the deadline because her internal grievance process was ongoing, the ACAS officer repeated the same ambiguous advice and did not correct her misunderstanding. She submitted her claim on 11 February, one day late. The respondent sought to strike out the claims as out of time.

What the losing side could have done differently

The respondent argued that the claimant should have known the correct deadline and could have sought legal advice. However, the tribunal noted that the claimant was unrepresented and had no legal knowledge. The ACAS officer's failure to correct the claimant's expressed belief that 11 February was the deadline was critical. If ACAS had simply said 'the deadline is 10 February, not 11 February,' the claim would have been on time.

Why this result matters

The tribunal extended time for both the unfair dismissal claim (on the basis that it was not reasonably practicable to present in time) and the disability discrimination claim (on just and equitable grounds). The decision highlights that tribunals will not penalise employees who rely on incorrect advice from ACAS, especially when they act promptly and the delay is minimal. For anyone considering a claim, this case is a reminder to always verify deadlines independently, but also that a short delay caused by official advice may not be fatal.