CNC programmer's constructive dismissal claim dismissed as out of time
A CNC programmer who resigned claiming constructive dismissal had his unfair dismissal claim thrown out because he lodged it four weeks late. The tribunal found it was reasonably practicable to bring the claim in time.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant started employment on 12 September 2011.
- He was suspended on 14 November 2017 and later had his role changed with same pay.
- He resigned with immediate effect on 5 January 2018, citing fundamental breach.
- The respondent accepted his resignation on 6 January 2018, terminating employment.
- The claim was lodged on 4 May 2018, about 4 weeks after the 3-month time limit expired on 5 April 2018.
- The tribunal found it was reasonably practicable to bring the claim in time.
Timeline
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Employment started
Claimant began working for the respondent.
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Suspension
Claimant was suspended pending investigation into a disciplinary matter.
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Role change effective
Claimant's role was changed but pay remained the same, following disciplinary outcome.
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Resignation letter
Claimant resigned with immediate effect, alleging fundamental breach of contract.
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Resignation accepted
Respondent accepted resignation; employment terminated on this date.
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New employment
Claimant started a new job.
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Time limit expired
Three-month limitation period ended.
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ACAS Early Conciliation started
Claimant began ACAS process, after the time limit had expired.
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ACAS Early Conciliation ended
ACAS certificate issued.
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Claim lodged
Claim form received by tribunal, about 4 weeks late.
The legal issue
The tribunal had to decide whether the claimant's unfair dismissal, wrongful dismissal and unlawful deduction claims were brought within the statutory time limit, and if not, whether it was not reasonably practicable to bring them in time.
The outcome
The tribunal dismissed all claims as out of time.
The claimant resigned on 5 January 2018, alleging a fundamental breach of contract. His employment ended on 6 January 2018. The three-month time limit expired on 5 April 2018, but he did not start ACAS Early Conciliation until 11 April 2018 and lodged his claim on 4 May 2018 – nearly four weeks late.
The tribunal rejected his arguments that depression, his wife's illness, or confusion over the dismissal date made it not reasonably practicable to bring the claim in time. He had started a new job on 15 January 2018 and had contacted ACAS regularly, showing he was capable of acting.
Lessons & takeaways
- The three-month time limit for unfair dismissal claims runs from the effective date of termination – check your contract and any acceptance letter carefully.
- If you are unsure of the exact termination date, make reasonable enquiries of your employer or ACAS – the tribunal expects you to take steps to find out.
- Ill health or personal circumstances will only extend the time limit if you provide medical evidence and show you were genuinely unable to act.
- Starting ACAS Early Conciliation after the time limit has expired does not save a late claim – you must begin the process before the deadline.
This case is a stark reminder that employment tribunal claims have strict time limits that are rarely extended. The claimant, a CNC programmer with six years' service, resigned on 5 January 2018 claiming constructive dismissal after a disciplinary process changed his role. His employment ended the following day when the employer accepted his resignation.
Despite knowing about the three-month time limit, he did not start ACAS Early Conciliation until 11 April 2018 – six days after the deadline – and lodged his claim on 4 May 2018, nearly four weeks late. He argued that depression, his wife's illness, and confusion caused by P45s showing different termination dates made it not reasonably practicable to bring the claim in time. But the tribunal found no medical evidence to support his health claims and noted he had started a new job on 15 January 2018 and was contacting ACAS regularly, showing he was capable of acting.
What the tribunal said
Employment Judge Self rejected the argument that the P45s created genuine confusion, finding that the claimant knew his employment ended on 6 January. The judge said that even if the P45s raised doubt, a modest amount of enquiry – such as asking the employer or ACAS – would have clarified the position. The claim was therefore dismissed.
What this means for similar claims
For anyone considering an unfair dismissal claim, the key lesson is to act quickly. The time limit is strict and the 'not reasonably practicable' test is hard to satisfy without solid medical evidence or proof that you were genuinely prevented from acting. Starting ACAS Early Conciliation early – well before the deadline – is essential, as it can pause the clock. Waiting until after the deadline, as happened here, is fatal to the claim.
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