Cleaning operative's unfair dismissal claims dismissed as out of time
A cleaning operative who filed two unfair dismissal claims after the three-month deadline has had both claims dismissed. The tribunal found it was reasonably practicable for him to have filed in time.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant was employed as a cleaning operative from 6 August 2021 to 12 December 2022.
- The claimant filed two unfair dismissal claims, both after the three-month time limit.
- The claimant was aware of the three-month time limit from ACAS and his own research.
- The claimant delayed filing because he was focused on submitting two claims together.
- The tribunal found it was reasonably practicable for the claimant to have filed in time.
- The claims were dismissed for lack of jurisdiction.
Timeline
-
Employment started
Claimant began working as a cleaning operative for the respondent.
-
Last working day
Claimant's last working day was Saturday 10 December 2022.
-
Resignation letter
Claimant resigned by letter dated 12 December 2022, effective date of termination.
-
ACAS contact
Claimant contacted ACAS helpline and was advised of the two-year qualifying period for unfair dismissal.
-
Characterised claim
Claimant wrote to employer describing his concerns as a health and safety related constructive dismissal, noting the three-month time limit.
-
First EC notification
Claimant filed early conciliation notification for first claim.
-
First EC certificate
Claimant received early conciliation certificate for first claim.
-
Extended time limit expiry
Extended time limit for both claims expired (three months plus EC extension).
-
First claim filed
Claimant filed first claim form (case 2600986/2023).
-
Second EC notification
Claimant filed early conciliation notification for second claim.
-
Second EC certificate
Claimant received early conciliation certificate for second claim.
-
Second claim filed
Claimant filed second claim form (case 2602079/2023).
-
Preliminary hearing
Open preliminary hearing to determine time limit issues.
-
Judgment given
Employment Judge Omambala KC dismissed both claims as out of time.
The legal issue
The tribunal had to decide whether the claimant's unfair dismissal claims were filed within the three-month time limit (plus early conciliation extension), and if not, whether it was reasonably practicable for them to have been filed in time.
The outcome
The tribunal dismissed both claims as out of time.
- The claimant's effective date of termination was 12 December 2022. The extended time limit for the first claim expired on 27 April 2023, but the claim was not filed until 11 May 2023. The second claim was filed on 28 September 2023, well after the deadline.
- The claimant was aware of the three-month time limit from ACAS and his own research. He delayed filing because he wanted to submit two claims together and spent time researching how to do so.
- The tribunal found it was reasonably practicable for the claimant to have filed within the time limit, and therefore the tribunal had no jurisdiction to hear the claims.
Lessons & takeaways
- Always file your claim within the three-month time limit (plus early conciliation extension) – the tribunal will not accept delays caused by wanting to combine claims.
- If you are unsure how to file multiple claims, file one claim in time and then seek advice on adding another, rather than delaying both.
- Contact ACAS early and follow their guidance on time limits – the tribunal will expect you to act promptly once you know the deadline.
- Litigants in person are held to the same standard as represented parties when it comes to time limits – ignorance of the process is not an excuse.
This case shows how strictly employment tribunals apply the time limit for bringing unfair dismissal claims. The claimant, a cleaning operative with 1 year 4 months' service, resigned in December 2022 and believed he had a health and safety related constructive dismissal claim. He contacted ACAS and was told about the three-month time limit, yet he filed his first claim 14 days late and his second claim months late.
Why the claims failed
The tribunal found that the claimant knew the deadline – he had even written to his employer noting the three-month limit. His reason for delay was that he wanted to submit two claims together and spent time researching how to do so. The tribunal held that this was not a valid excuse: it was reasonably practicable for him to have filed the first claim in time and then deal with the second claim separately. Because the claims were out of time and there was no good reason for the delay, the tribunal had no jurisdiction to hear them.
What this means for similar claims
This case is a reminder that time limits are rigid. Even if you have a strong case, missing the deadline by even a few days can be fatal. The tribunal will consider whether it was 'reasonably practicable' to file in time – and delays caused by a desire to combine claims, or by researching the process, are unlikely to succeed. The safest approach is to file your claim as soon as you have the early conciliation certificate, and seek advice on any procedural questions separately.
Similar cases
Whistleblowing claim: repeated amendment applications not unreasonable enough for costs
A former chartered accountant who made multiple applications to amend her whistleblowing and sex discrimination claims avoided a costs order, even though most amendments were refused. The tribunal said her conduct was not unreasonable or vexatious.
Redundancy claim struck out for non-disclosure: costs of £6,853 awarded
A senior manager's unfair dismissal claim was struck out after he failed to disclose documents about his new job. The tribunal ordered him to pay £6,853 in costs for unreasonable conduct.
Dismissed after raising health and safety concerns: a partial win for the employee
A former employee of Ian Henery Solicitors Ltd was initially found to be unfairly dismissed for raising health and safety concerns, but the unfair dismissal judgment was later revoked. The tribunal confirmed wrongful dismissal and awarded £3,336 in total.
Former employee's race discrimination claim dismissed but holiday pay awarded
A former employee's claim for unfair dismissal and race discrimination failed due to time limits, but the tribunal awarded £243.54 for unpaid holiday pay.