Former employee's claim dismissed as one day late: ADHD and technical issues not enough
A former DHL employee's unfair dismissal claim was thrown out after being filed one day late. The tribunal found it was reasonably practicable to submit on time, rejecting ADHD and technical difficulties as excuses.
1 min read · Last updated 18 May 2026
Key facts
- The claimant resigned on 27 May 2022.
- Early Conciliation with ACAS ran from 26 August to 7 October 2022.
- The deadline to present the claim was 7 November 2022.
- The claim was presented on 8 November 2022, one day late.
- The claimant was aware of the time limit.
- The claimant cited technical difficulties and ADHD as reasons for the delay.
Timeline
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Resignation
The claimant resigned with immediate effect, effective date of termination.
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Early Conciliation started
Claimant commenced Early Conciliation with ACAS.
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EC certificate issued
Early Conciliation ended and certificate issued.
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Started completing ET1
Claimant began completing her ET1 form but prioritised job hunting.
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New job accepted
Claimant accepted a new job offer.
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Deadline day
Claimant attempted to submit claim but encountered technical difficulties; also received a counter-terrorism form for new job.
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Claim presented
Claim presented in early hours, one day after the deadline.
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Preliminary Hearing
Hearing to determine whether claims were presented in time.
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Judgment sent
Tribunal declined jurisdiction; claims dismissed as out of time.
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Reconsideration refused
Application for reconsideration refused; original judgment confirmed.
The legal issue
The tribunal had to decide whether it was reasonably practicable for the former employee to present her unfair dismissal and unauthorised deductions claims within the statutory time limit, and if not, whether to allow the claims to proceed out of time.
The outcome
The tribunal ruled that it did not have jurisdiction to hear the claims because they were presented out of time.
- The claimant resigned on 27 May 2022. Early Conciliation ended on 7 October 2022, giving a deadline of 7 November 2022.
- She started completing her ET1 on 14 October but prioritised job hunting, accepting a new role on 27 October.
- On deadline day, she had technical difficulties submitting from her phone and also had to complete a counter-terrorism form for her new job.
- She submitted the claim in the early hours of 8 November, one day late.
- The tribunal found she knew the deadline, had nearly a month after Early Conciliation to prepare, and her ADHD did not prevent her from managing other tasks. The delay was not due to circumstances beyond her control.
Lessons & takeaways
- File your claim as early as possible after Early Conciliation ends — waiting until the last day risks technical problems.
- Employment tribunals expect you to prioritise submitting a claim over other tasks like job hunting, even if you are busy.
- Medical conditions like ADHD may be considered, but they rarely excuse a delay if you were able to manage other activities during the same period.
- If you encounter technical difficulties, try alternative methods (e.g., a computer) or contact the tribunal for help before the deadline passes.
A costly one-day delay
This case shows how strictly employment tribunals apply time limits. The former employee resigned from DHL Services Limited on 27 May 2022. After Early Conciliation with ACAS ended on 7 October, she had until 7 November to present her claim. She filed it on 8 November — just one day late — and the tribunal refused to hear it.
What went wrong
The claimant knew the deadline. She started completing her ET1 form on 14 October but paused to focus on finding a new job, which she accepted on 27 October. On the final day, she tried to submit the claim from her mobile phone but had technical difficulties. She also had to complete a counter-terrorism form for her new role. She submitted the claim in the early hours of the next day.
The tribunal acknowledged her ADHD, which she said affected prioritisation and decision-making. However, it noted that she had managed to complete other tasks, including the counter-terrorism form, and had nearly a month after Early Conciliation to prepare. The judge concluded that it was reasonably practicable to present the claim in time, and the one-day delay was not excusable.
What this means for similar claims
Time limits in employment tribunals are strict. Even a single day's delay can be fatal if the tribunal decides you could have filed on time. The key lesson is to submit your claim well before the deadline, not on the last day. If you have a medical condition that affects your ability to meet deadlines, gather medical evidence and seek advice early. But as this case shows, tribunals expect you to prioritise your claim over other activities, and technical difficulties with a phone are unlikely to be accepted as a valid excuse.
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