Communications officer's unfair dismissal claim struck out for being one day late
A tribunal struck out a communications officer's unfair dismissal and discrimination claims because she filed her claim one day after the three-month deadline, despite having previous tribunal experience.
1 min read · Last updated 18 May 2026
Case details
- #out-of-time
- #strike-out
- #previous-tribunal-claim
- #ill-health
- #acas-early-conciliation
Key facts
- The claimant was employed as a Communications Officer from 2 April 2012 to 21 September 2021.
- She was absent from work due to sickness from 24 July 2016 to 21 September 2021, with brief returns.
- The termination hearing was held on 13 and 21 September 2021, and she was accompanied by a union representative.
- She appealed the dismissal on 14 October 2021, and an appeal hearing was held on 15 February 2022.
- The claimant had previously brought a tribunal claim against the respondent which was unsuccessful.
- The claim was lodged on 22 February 2022, one day after the time limit expired.
Timeline
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Employment started
Claimant began employment as a Communications Officer.
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Sickness absence began
Claimant went on sick leave and was absent until dismissal, with brief returns.
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Previous tribunal hearing
A full hearing of the claimant's earlier tribunal claim took place, which was not upheld.
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Termination hearing (part heard)
The dismissal hearing began, attended by the claimant and her union representative.
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Dismissal
The termination hearing concluded and the claimant was dismissed.
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Appeal lodged
Claimant appealed the dismissal decision.
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ACAS early conciliation started
Date A on the ACAS certificate.
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New employment started
Claimant commenced new employment.
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ACAS early conciliation ended
Date B on the ACAS certificate.
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Appeal hearing
The appeal hearing was conducted, with the claimant accompanied by a union representative.
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Claim presented
Claimant lodged her ET1, one day after the time limit expired.
The legal issue
Whether the claimant's unfair dismissal, discrimination, and unpaid wages claims were presented within the applicable time limits, and if not, whether the tribunal should extend time.
The outcome
The tribunal struck out all claims as out of time.
- The claimant was dismissed on 21 September 2021. The ACAS early conciliation period ran from 18 December 2021 to 21 January 2022, meaning the deadline to file was 21 February 2022. She filed on 22 February 2022 – one day late.
- The tribunal held that it was reasonably practicable for her to file on time. She had previously brought a tribunal claim against the same employer and was represented by a union throughout the dismissal and appeal process.
- The claims for unfair dismissal, disability discrimination, pregnancy/maternity discrimination, and unpaid wages were all struck out. No compensation was awarded.
Lessons & takeaways
- Time limits in employment tribunals are strict – missing the deadline by even one day can result in your entire claim being struck out.
- Previous experience with tribunal claims can work against you if you miss a deadline, as tribunals expect you to know the process.
- If you are relying on an appeal outcome, check whether the time limit runs from the dismissal date, not the appeal decision – the law often treats the original dismissal as the trigger.
- Union representation does not automatically excuse a late claim; you are still responsible for ensuring the claim is filed on time.
A costly one-day delay
This case is a stark reminder that employment tribunal deadlines are unforgiving. The claimant, a Communications Officer with nine years' service, was dismissed on 21 September 2021 after a long period of sickness absence. She appealed internally, and the appeal was heard on 15 February 2022. But the tribunal's clock had started ticking from the date of dismissal, not the appeal outcome.
The ACAS early conciliation certificate gave her a deadline of 21 February 2022. She filed her claim on 22 February – one day late. The tribunal found that it was reasonably practicable for her to have filed on time. She had already been through a full tribunal hearing against the same employer in 2020, so she knew about time limits. She was also accompanied by a union representative throughout the dismissal and appeal process, meaning she had access to advice.
What the respondent did right
The Commissioner of the Police of the Metropolis, represented by a solicitor, successfully argued that the claimant had not provided a good reason for the delay. The tribunal agreed, noting that the claimant had not explained why she could not have filed the claim earlier, especially given her familiarity with the tribunal system.
What this means for similar claims
For anyone considering an unfair dismissal claim, this case underscores the importance of acting quickly. Do not wait for the outcome of an internal appeal before filing your claim – you can always amend it later. If you have previous tribunal experience, the tribunal will expect you to know the rules. Even a one-day delay can be fatal, and ignorance of the deadline is rarely accepted as a valid excuse.
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