Former bus driver's unfair dismissal claim thrown out for being too late
A tribunal dismissed all claims from a former bus driver because they were brought well after the legal time limits, with no explanation for the delay.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was employed from 4 September 2017 to 7 December 2021, then re-employed from 6 June 2022 to 1 August 2022.
- All acts and detriments relied upon occurred before the end of December 2021, except the dismissal itself.
- ACAS Early Conciliation was not commenced until 3 August 2022, well after the primary time limits.
- The claimant provided no explanation for the delay in bringing the claims.
- The tribunal found that the claims had no reasonable prospect of success from the outset due to being out of time.
Timeline
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Employment started
Claimant began employment with the respondent as a bus driver.
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First dismissal
Claimant was dismissed by reason of ill-health capability. He was invited to apply for re-employment within six months.
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Final payment
Claimant received his final payment from the first period of employment.
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Re-employment
Claimant returned to work for the respondent, described as a new period of employment.
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Second dismissal
Claimant was dismissed again.
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ACAS Early Conciliation started
Claimant commenced ACAS Early Conciliation.
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First ACAS certificate
ACAS Early Conciliation certificate issued.
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Second ACAS Early Conciliation started
Claimant commenced a further period of ACAS Early Conciliation.
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Claim presented
Claimant presented his claim to the Employment Tribunal.
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Preliminary hearing
Open preliminary hearing to determine whether complaints were made out of time. Claim dismissed.
The legal issue
The tribunal had to decide whether the former employee's complaints were brought within the strict time limits set by employment law, and if not, whether it should extend those limits.
The outcome
The tribunal dismissed all claims in their entirety.
- The key reason was that all acts and detriments relied upon (except the final dismissal) occurred by December 2021, but ACAS Early Conciliation did not start until August 2022 – well beyond the three-month time limit.
- The claimant provided no explanation for the delay, and the tribunal found the claims had no reasonable prospect of success from the outset.
- No compensation was awarded as the claims were struck out for being out of time.
Lessons & takeaways
- Act quickly: employment tribunal claims must usually be brought within three months of the event you are complaining about.
- ACAS Early Conciliation pauses the clock, but you must start it before the time limit expires – not after.
- If you have a continuous period of employment that ends, a later re-engagement does not revive claims from the earlier period.
- Providing no explanation for a delay makes it almost impossible to persuade a tribunal to extend the time limit.
What this case shows in practice
This case is a stark reminder that employment tribunals take time limits very seriously. The former bus driver had two separate periods of employment with London General Transport Services Ltd, ending in December 2021 and August 2022. But the claims he brought related mainly to events in 2021 – and he did not start the ACAS Early Conciliation process until August 2022, many months after the three-month deadline had passed.
The tribunal noted that the claimant gave no explanation for the delay. Without a good reason, there was no basis to extend the time limit. As a result, all his complaints – including unfair dismissal, disability discrimination, and whistleblowing – were dismissed at a preliminary stage.
What the losing side could have done differently
The claimant could have sought advice immediately after his first dismissal in December 2021. Even if he hoped to return to work, the clock was ticking on his legal claims. Starting ACAS Early Conciliation within the three-month window would have preserved his right to bring a claim. Instead, he waited until after his second dismissal, by which point the earlier claims were already dead.
Why this result matters for similar claims
This decision reinforces that re-employment does not reset the clock for claims arising from a previous dismissal. Each period of employment is treated separately for time limit purposes. Anyone considering an employment tribunal claim should act promptly – ideally within weeks of the event – and never assume that a later return to work will save an out-of-time claim.
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