Bar person dismissed by golf club: claim thrown out for being two days late
A bar person who believed the time limit for an unfair dismissal claim ran from her appeal outcome rather than her dismissal date had her claim dismissed as out of time. The tribunal found it was reasonably practicable for her to have presented the claim on time.
2 min read · Last updated 18 May 2026
Case details
- #time-bar
- #unfair-dismissal
- #disability-discrimination-withdrawn
- #acas-early-conciliation
- #citizens-advice
- #mistaken-belief
Key facts
- The claimant was employed as a bar person and keyholder from 1 August 2018 until dismissal on 3 July 2022.
- The claimant believed the time limit for bringing an unfair dismissal claim ran from the date of the appeal outcome, not the effective date of termination.
- The claimant initiated ACAS Early Conciliation on 8 August 2022 and received the certificate on 5 October 2022.
- The claimant presented her claim on 7 October 2022, two days after the extended time limit expired.
- The claimant did not seek advice on time limits from Citizens Advice or the North East Law Centre, and misunderstood advice given.
- The tribunal found it was reasonably practicable for the claimant to have presented her claim in time.
Timeline
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Employment started
Claimant began working as a bar person and keyholder for Ravensworth Golf Club.
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Moved from tied accommodation
Claimant and her partner moved out of the on-site accommodation at the respondent's request.
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Dismissal
Claimant was dismissed with immediate effect by email, which she read on the same day.
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Contacted Citizens Advice
Claimant contacted Citizens Advice Bureau but could not get an appointment.
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CAB email and appeal
CAB adviser Fiona Luckhurst-Matthews recommended appealing; claimant sent appeal letter to respondent.
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Appeal outcome
Claimant received letter that her appeal was unsuccessful.
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Contacted ACAS
Claimant called ACAS helpline and received link to Early Conciliation notification form.
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ACAS Early Conciliation started
Claimant completed the EC notification form, naming CAB adviser as representative without her consent.
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EC Certificate issued
ACAS sent the Early Conciliation certificate to the CAB adviser, who did not forward it to claimant.
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Contacted North East Law Centre
Claimant emailed North East Law Centre for advice.
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Phone call with Law Centre
Claimant spoke with a Law Centre adviser on the phone; she misunderstood or misremembered the advice on time limits.
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Received EC Certificate
ACAS emailed the certificate to claimant directly, stating it had been sent to her representative on 10 August.
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Claim presented
Claimant submitted her ET1 claim form to the Employment Tribunal.
The legal issue
The tribunal had to decide whether the claimant's unfair dismissal claim was presented within the statutory time limit (three months from the effective date of termination, plus an extension for ACAS Early Conciliation). If not, the tribunal had to consider whether it was not reasonably practicable for the claimant to have presented the claim in time, and if so, whether she presented it within a reasonable period thereafter.
The outcome
The tribunal dismissed the unfair dismissal complaint as out of time.
- The effective date of termination was 3 July 2022. The normal time limit expired on 2 October 2022. With the ACAS Early Conciliation extension (started 8 August 2022, certificate issued 10 August 2022), the extended deadline was 5 October 2022.
- The claimant presented her claim on 7 October 2022, two days late.
- The tribunal found that the claimant knew or should have known the time limit from the ACAS website and helpline. She had access to advice from Citizens Advice and the North East Law Centre, but did not follow up on time limits. Her mistaken belief that the time limit ran from the appeal outcome was not a reasonable excuse.
- No compensation was awarded as the claim was dismissed for lack of jurisdiction.
Lessons & takeaways
- The time limit for unfair dismissal claims runs from the effective date of termination (the day you are dismissed), not from the outcome of any internal appeal.
- If you are unsure about time limits, seek clear advice from ACAS, a solicitor, or an advice service early on, and confirm the deadline in writing.
- Delays caused by waiting for an appeal outcome or misunderstanding advice are unlikely to be accepted as a reasonable excuse for missing the deadline.
- Keep a record of all communications with advisers and ACAS, including dates and what you were told about time limits.
- If you receive an ACAS Early Conciliation certificate, check the date immediately and calculate your deadline carefully.
A costly misunderstanding over time limits
This case shows how a simple misunderstanding about the deadline for bringing an unfair dismissal claim can prove fatal, even where the employee had access to advice. The claimant, a bar person and keyholder with four years' service at Ravensworth Golf Club, was dismissed by email on 3 July 2022. She believed the three-month time limit ran from the outcome of her internal appeal, which was rejected on 24 July 2022. By the time she presented her claim on 7 October 2022, the extended deadline (including the ACAS Early Conciliation period) had already passed by two days.
The tribunal accepted that the claimant had contacted Citizens Advice and the North East Law Centre, but found she had not received clear advice on time limits and had not pressed for it. She had also accessed the ACAS website and helpline, which state the deadline clearly. The tribunal concluded that it was reasonably practicable for her to have presented her claim in time, and that her mistaken belief about the deadline was not a reasonable excuse.
What the golf club did right
Ravensworth Golf Club, represented by counsel, successfully argued that the claim was time-barred. The club did not need to address the merits of the dismissal itself. The case highlights that employers facing a late claim can often have it struck out at a preliminary hearing if the employee cannot show it was not reasonably practicable to present it on time.
What this means for similar claims
For employees, the key lesson is that the clock starts ticking on the day you are dismissed, not when your appeal is decided. Even if you are waiting for an appeal outcome, you should still lodge your claim within the initial three-month window (or the extended period if ACAS Early Conciliation is used) to protect your position. If you are unsure, get written confirmation of the deadline from ACAS or a legal adviser. A delay of even a few days can mean losing your right to claim altogether.
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