Constructive dismissal claim thrown out after being filed 12 days late due to solicitor error
A former employee who resigned claiming constructive dismissal had his claim dismissed because it was filed 12 days late, after his solicitors failed to see the ACAS certificate. The tribunal refused to extend the time limit.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #time-limit
- #solicitor-error
- #acas-early-conciliation
- #extension-refused
Key facts
- Mr Winstone's employment ended on 21 October 2022 when he resigned claiming constructive dismissal.
- He contacted ACAS on 28 October 2022 to start early conciliation.
- ACAS sent the early conciliation certificate to his solicitors on 31 October 2022, but they did not see it.
- The deadline to present the claim was 23 January 2023.
- Mr Winstone filed his claim on 3 February 2023, 12 days late.
- The tribunal found it was reasonably practicable to file in time and refused the extension.
Timeline
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Employment ended
Mr Winstone resigned with immediate effect, claiming constructive dismissal.
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ACAS early conciliation started
Mr Winstone contacted ACAS to trigger early conciliation.
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ACAS certificate issued
ACAS sent the early conciliation certificate to Keystone Law, but it was not seen.
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Keystone emailed ACAS
Keystone emailed ACAS for the certificate; ACAS resent it, but again it was not seen.
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Deadline for claim
The statutory deadline to present the claim to the tribunal.
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Mr Winstone contacted ACAS
Mr Winstone contacted ACAS directly and obtained the certificate and emails.
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Claim filed
Mr Winstone filed his claim and application for extension of time, 12 days late.
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Preliminary hearing
Hearing to decide the extension of time application.
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Judgment issued
Employment Judge Heydon refused the extension and dismissed the claim.
The legal issue
Whether the claimant could show it was not reasonably practicable to present his unfair dismissal claim within the three-month time limit, and if so, whether an extension should be granted.
The outcome
The tribunal dismissed the claim because it was presented 12 days late and the claimant could not show it was not reasonably practicable to file on time.
- The claimant resigned on 21 October 2022 and contacted ACAS on 28 October.
- ACAS sent the early conciliation certificate to his solicitors on 31 October, but they did not see it.
- The deadline to file the claim was 23 January 2023; the claimant filed on 3 February 2023.
- The tribunal found that the claimant was aware of time limits and could have made inquiries earlier. The solicitors' mistake did not make it not reasonably practicable to file in time.
Lessons & takeaways
- If you are bringing a claim, check the ACAS early conciliation certificate yourself to know the exact deadline, even if you have a solicitor.
- Time limits for unfair dismissal claims are strict — missing the deadline by even a few days can mean losing your claim entirely.
- A solicitor's error is not usually a valid excuse for filing late; the tribunal expects you to take reasonable steps to find out the deadline.
- Keep chasing your solicitor if you do not receive key documents like the ACAS certificate — do not assume everything is on track.
A case where the clock ran out
This case is a stark reminder that employment tribunal time limits are unforgiving. The former employee resigned from Footballco Media Ltd in October 2022, claiming constructive dismissal. He instructed solicitors and contacted ACAS promptly. But when ACAS sent the early conciliation certificate to his solicitors, nobody saw it — not once, but twice. By the time he realised the deadline had passed, his claim was 12 days late.
What went wrong
The tribunal accepted that the delay was entirely down to the solicitors' oversight. However, the law is clear: a solicitor's mistake does not make it 'not reasonably practicable' to file on time. The claimant knew there was a time limit and could have asked his solicitors for the certificate earlier. Instead, he relied on their mistaken calculation that the deadline was 3 March 2023. When he finally contacted ACAS himself on 31 January, he obtained the certificate and filed his claim within three days — showing that it would have been possible to file earlier.
Why this matters
This decision highlights that claimants cannot simply delegate responsibility to their legal representatives. If you are bringing a claim, you need to understand the deadline and chase your solicitor if documents go missing. The tribunal has no discretion to extend time simply because the delay was caused by a professional's error. For anyone considering a constructive dismissal claim, the lesson is clear: check the ACAS certificate yourself and mark the deadline in your calendar. A few days' delay can cost you the entire case.
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