Chef's unfair dismissal claim fails after being presented one day late
A chef who was dismissed for gross misconduct after an allergen incident saw his unfair dismissal, wrongful dismissal and unlawful deduction claims dismissed because they were presented to the tribunal one day after the statutory deadline.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a Chef from 16 August 2018 until dismissal on 14 October 2020 for alleged gross misconduct.
- The claimant presented his original claims for unfair dismissal, wrongful dismissal and unlawful deduction from wages on 16 March 2021, one day after the statutory deadline of 15 March 2021.
- The claimant's friend, Mr Cromb (a lawyer but not an employment specialist), assisted with drafting and submitting the claim but left submission until just before midnight on the last day.
- The claimant applied to amend his claim to include direct race discrimination on 25 August 2021, which was granted but later reconsidered due to time limits.
- The tribunal found that it was reasonably practicable for the claimant to present his original claims in time and that it was not just and equitable to extend time for the race discrimination claim.
Timeline
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Allergen incident
A customer had an allergic reaction after eating a dish prepared by the claimant at the Clink Street restaurant.
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Summary dismissal
The claimant was summarily dismissed for alleged gross misconduct, effective immediately.
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Discussion with friend
The claimant discussed his dismissal with Mr Cromb, who researched employment tribunal claims and time limits.
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Appeal hearing
The claimant attended an appeal hearing; the respondent promised an outcome within two weeks but never provided one.
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ACAS notified
Mr Cromb notified ACAS of a potential dispute on behalf of the claimant.
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ACAS certificate issued
ACAS issued the early conciliation certificate, setting the deadline for presenting claims as 15 March 2021.
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Original claims presented
The ET1 was submitted at 00:01 on 16 March 2021, one day late, due to Mr Cromb starting the online submission process just before midnight.
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Amendment application
Mr Cromb applied to amend the claim to include direct race discrimination.
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Preliminary hearing (case management)
Employment Judge Self initially granted the amendment but later revoked it after realising the original claims were out of time.
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Open Preliminary Hearing
The tribunal heard arguments on strike out and time limits; judgment was reserved and later issued on 31 January 2023.
The legal issue
The tribunal had to decide whether the chef's claims were presented within the three-month time limit, and if not, whether time should be extended. It also considered whether it was just and equitable to extend time for a late race discrimination claim.
The outcome
The tribunal dismissed all claims because they were presented outside the statutory time limit.
- The original claims for unfair dismissal, wrongful dismissal and unlawful deduction from wages were presented one day late. The tribunal found it was reasonably practicable for them to have been presented in time, so no extension was granted.
- The race discrimination claim was added by amendment over five months after the deadline. The tribunal decided it was not just and equitable to extend time.
- No compensation was awarded as the claims were dismissed for lack of jurisdiction.
Lessons & takeaways
- Employment tribunal claims must be presented within three months of the dismissal date, including the date of any internal appeal outcome.
- Leaving submission to the last minute is risky — technical issues or delays can result in the claim being rejected as out of time.
- Relying on a friend who is not an employment law specialist to handle the claim can lead to missed deadlines and dismissal of the case.
- If you want to add a new claim (like discrimination) after the original deadline, you need a very good reason — the tribunal will not automatically allow it.
This case is a stark reminder that employment tribunal deadlines are strict. The chef was dismissed on 14 October 2020 after a customer had an allergic reaction to a dish he prepared. He discussed his case with a friend, Mr Cromb, who is a lawyer but not an employment specialist. Mr Cromb researched time limits and started the ACAS early conciliation process in January 2021. The ACAS certificate was issued on 15 February 2021, meaning the chef had until 15 March 2021 to present his claims.
Mr Cromb began the online submission process just before midnight on 15 March. However, the claim was not actually submitted until 00:01 on 16 March — one day late. The chef argued that it was not reasonably practicable to present in time because Mr Cromb was unfamiliar with the online system and had technical difficulties. The tribunal rejected this, noting that Mr Cromb had known about the deadline for weeks and could have submitted earlier.
What the employer could have done differently
The employer, Bills Restaurants Limited, dismissed the chef for gross misconduct following the allergen incident. While the dismissal itself was not challenged on its merits due to the time issue, the case shows that employers should ensure their disciplinary processes are thorough and that appeal outcomes are communicated promptly. The chef's appeal hearing was held on 27 November 2020, but the employer never provided a written outcome. This delay may have contributed to the chef's uncertainty, but it did not excuse the late claim.
Why this matters for similar claims
This case highlights the importance of acting quickly after dismissal. The three-month time limit includes the period for ACAS early conciliation, which pauses the clock. Once the ACAS certificate is issued, the remaining time can be very short. Anyone considering a tribunal claim should seek specialist advice early and avoid leaving submission to the last minute. Even a one-day delay can be fatal to a claim, as this chef discovered.
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