Late claim for constructive dismissal: tribunal loses jurisdiction
A former employee of Greggs plc who resigned after grievances were not upheld had her unfair dismissal claim dismissed because she presented it 26 days after the three-month time limit.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant was employed by Greggs plc from 2007 until she resigned on 2 December 2022.
- She submitted a grievance in April 2022 and a second grievance in July 2022, both not upheld.
- She was absent from work due to stress and anxiety from 3 May 2022 until her resignation.
- She started work at Aldi on 9 November 2022 without the respondent's knowledge.
- She resigned on 30 November 2022, giving her last day as 2 December 2022.
- She attempted to issue her claim on 4 May 2023 but did not use the prescribed ET1 form, leading to rejection.
Timeline
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Employment started
The claimant began working for Greggs plc.
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Written warning issued
The claimant received a written warning.
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First grievance submitted
The claimant submitted a grievance regarding the warning.
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Absence due to stress
The claimant went on sick leave with stress and anxiety until the end of employment.
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Grievance outcome received
The claimant received the outcome of her first grievance.
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Second grievance submitted
The claimant submitted a second grievance on similar matters, which was not upheld.
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Started work at Aldi
The claimant began working at Aldi without the respondent's knowledge.
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Resignation letter
The claimant resigned, giving her last day as 2 December 2022.
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Effective date of termination
The claimant's employment ended.
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ACAS Early Conciliation started
The claimant began ACAS Early Conciliation.
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ECC certificate issued
The claimant received the ACAS Early Conciliation certificate.
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First claim attempt
The claimant attempted to issue her claim by post but did not use the ET1 form.
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Valid claim submitted
The claimant submitted a valid ET1 claim form, which was accepted.
The legal issue
The tribunal had to decide whether the claimant's unfair dismissal claim was presented within the three-month time limit (as extended by ACAS Early Conciliation) and, if not, whether it was reasonably practicable for her to have presented it in time.
The outcome
The tribunal dismissed the claim for lack of jurisdiction.
The claimant resigned on 2 December 2022, meaning the deadline to present her claim (after ACAS Early Conciliation) was 22 April 2023. She first attempted to issue her claim on 4 May 2023, but used the wrong form. A valid claim was not submitted until 18 May 2023 – 26 days late.
The tribunal found that the claimant knew about the time limit (having been advised by a solicitor and ACAS) and that there was no physical or mental incapacity that prevented her from presenting in time. Her misunderstanding of the form did not make it not reasonably practicable.
No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- The three-month time limit for unfair dismissal claims is strict – even a few days late can be fatal.
- ACAS Early Conciliation extends the deadline, but you must still present your claim promptly after receiving the certificate.
- Using the wrong form (e.g., sending a letter instead of the ET1) does not count as presenting a valid claim.
- If you are unsure about the process, seek advice early – ignorance of procedure is unlikely to excuse a late claim.
- Keep records of all communications with ACAS and the tribunal to show you acted promptly.
A procedural pitfall that cost the claim
This case is a stark reminder that employment tribunal claims are subject to strict time limits that can trip up even those who know the rules. The claimant, a long-serving employee of Greggs plc, resigned after two grievances about a written warning were not upheld. She believed she had been constructively dismissed. But her claim never got off the ground because she presented it 26 days too late.
What went wrong
The effective date of termination was 2 December 2022. After ACAS Early Conciliation, the deadline was 22 April 2023. The claimant knew about the time limit – she had been told by a solicitor and by ACAS. Yet she did not submit her claim until 4 May 2023, and even then she sent a letter rather than the prescribed ET1 form. The tribunal returned it and asked for the correct form. She then submitted a valid ET1 on 18 May 2023.
The tribunal accepted that the claimant was under stress and had some confusion about the form, but found that it was still reasonably practicable for her to have presented the claim in time. She had the capacity to seek advice, and her failure to use the correct form was a mistake, not an impossibility.
What this means for similar claims
Constructive dismissal claims are complex, but the biggest hurdle is often the time limit. The clock starts ticking from the date of resignation, not from when you 'realise' you have a claim. If you are considering a claim, act quickly – and use the correct ET1 form. A simple error can cost you the chance to have your case heard on its merits.
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