Constructive dismissal claim thrown out for being over two months late
A former employee who resigned and then waited until after his grievance appeal to bring an unfair dismissal claim was too late. The tribunal ruled it had no jurisdiction to hear the claim, which was presented over two months after the three-month time limit expired.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant resigned on 13 July 2022 with three months' notice.
- The claimant's employment terminated on 13 October 2022.
- The claimant knew about the time limit for unfair dismissal claims by 28 September 2022.
- The claimant waited until 14 March 2023 to start early conciliation.
- The claim was presented on 20 March 2023, over two months after the primary time limit expired on 12 January 2023.
Timeline
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Resignation email
The claimant sent an email resigning with three months' notice.
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Respondent accepted resignation
The respondent confirmed termination on 13 July 2022.
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Claimant wrote to finance director
The claimant complained about grievance delay and referenced ACAS advice; he knew of the time limit.
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Grievance hearing
A grievance hearing was held; the claimant had prepared a letter titled 'My active case for Constructive Unfair Dismissal'.
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Grievance outcome
The claimant received the grievance outcome from Croner.
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Grievance appeal hearing
An appeal hearing was arranged.
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Primary time limit expired
Three months after termination, the deadline for presenting an unfair dismissal claim passed.
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Appeal outcome
The claimant received the outcome of his grievance appeal.
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Early conciliation started
The claimant contacted ACAS to start early conciliation.
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Early conciliation certificate
The ACAS Early Conciliation Certificate was issued.
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Claim presented
The claimant issued his claim for unfair dismissal.
The legal issue
The tribunal had to decide whether it was reasonably practicable for the former employee to present his unfair dismissal claim within the three-month time limit, and if not, whether he presented it within a further reasonable period.
The outcome
The tribunal dismissed the claim as it was presented out of time.
- The claimant resigned on 13 July 2022 with three months' notice, ending employment on 13 October 2022.
- He knew about the three-month time limit by 28 September 2022, and had prepared a letter titled 'My active case for Constructive Unfair Dismissal' by 3 October 2022.
- Despite this, he waited until after his grievance appeal outcome on 6 February 2023, then delayed a further month before starting early conciliation on 14 March 2023.
- The claim was presented on 20 March 2023, over two months after the primary time limit expired on 12 January 2023.
- No compensation was awarded as the claim was dismissed for lack of jurisdiction.
Lessons & takeaways
- The three-month time limit for unfair dismissal claims starts from the effective date of termination, not from the outcome of any internal grievance or appeal.
- Waiting for a grievance or appeal to conclude before bringing a tribunal claim does not extend the time limit – you must act within three months of dismissal.
- If you know about the time limit and have access to information, a tribunal will expect you to act promptly; unexplained delays are fatal to your claim.
- Starting ACAS early conciliation after the time limit has expired does not revive the claim – early conciliation must begin before the deadline.
- If you are unsure about time limits, seek advice immediately – a delay of even a few days can mean losing your right to claim.
This case is a stark reminder that employment tribunal time limits are strict and unforgiving. The former employee resigned in July 2022, giving three months' notice, and his employment ended on 13 October 2022. By his own admission, he knew about the three-month time limit for unfair dismissal claims by 28 September 2022 – before he even left his job. He had even prepared a document titled 'My active case for Constructive Unfair Dismissal' in early October.
Despite this awareness, the claimant chose to pursue an internal grievance and appeal, which concluded on 6 February 2023. He then waited over a month before contacting ACAS on 14 March 2023 – two months after the primary time limit had expired on 12 January 2023. When asked why he delayed, he said, 'honestly, I don't know. I think I was wondering what to do.' The tribunal found that this was not a reasonable explanation.
What the employer did right
The respondent, Carbolite Gero Limited, handled the grievance process through external consultants and kept the claimant informed. But the key point is that the employer did not need to do anything to win this case – the claimant's own delay was the deciding factor.
Why this matters
The case reinforces that internal grievance procedures do not pause the clock for tribunal claims. Employees who believe they have been constructively dismissed should seek advice immediately and not assume that waiting for a grievance outcome will be excused. The tribunal's role is to apply the law, and here the law was clear: the claim was too late, and no extension was justified.
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