Constructive dismissal claim dismissed as tribunal lacked jurisdiction due to time limits
A head of security services with 14 years' service had all his claims dismissed because he presented them too late. The tribunal had no power to hear them.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant resigned on 30 March 2021 with notice expiring on 30 June 2021.
- He raised a grievance on 29 June 2021 alleging underpayment and age discrimination.
- The grievance outcome was received on 5 January 2022, and the appeal was dismissed on 18 May 2022.
- The claimant contacted ACAS on 7 June 2022 and presented his claim on 8 July 2022.
- All claims were dismissed as out of time, with no jurisdiction to hear them.
Timeline
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Employment start
Claimant began working as Head of Security Services Management.
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Resignation
Claimant resigned with notice to expire on 30 June 2021.
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Grievance raised
Claimant submitted a grievance alleging underpayment and age discrimination.
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Employment ended
Claimant's employment terminated.
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Further information submitted
Claimant provided additional details to the grievance investigator.
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Grievance meeting
Claimant met with investigator Ms Thomas.
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First ACAS contact
Claimant contacted ACAS regarding the grievance process.
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Investigation report received
Claimant received the investigation report.
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Grievance hearing
Grievance hearing took place.
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Grievance outcome
Claimant received written outcome dismissing most complaints.
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Appeal lodged
Claimant appealed the grievance outcome.
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Appeal hearing
Appeal hearing took place.
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Appeal dismissed
Appeal outcome letter sent.
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ACAS early conciliation
Claimant contacted ACAS for early conciliation.
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Early conciliation certificate
Early conciliation certificate issued.
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Claim presented
Claimant presented his claim to the Employment Tribunal.
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Preliminary hearing
Hearing to determine time limits; all claims dismissed as out of time.
The legal issue
The tribunal had to decide whether the claimant's claims for unfair constructive dismissal, age discrimination, unauthorised deductions, breach of contract, and a redundancy payment were presented within the applicable time limits. If not, it had to consider whether it was just and equitable to extend time.
The outcome
The tribunal dismissed all claims as out of time. The redundancy payment claim was out of time because the claimant presented it after the six-month extension period expired. The other claims were also out of time, and the tribunal found no basis to extend time. The claimant had contacted ACAS over a year after resigning, and the grievance process did not stop the clock. No compensation was awarded.
Lessons & takeaways
- Time limits for employment tribunal claims are strict; most must be brought within three months of the act complained of, minus early conciliation.
- Internal grievance processes do not extend the time limit for bringing a tribunal claim.
- If you believe you have been constructively dismissed, you should seek legal advice and start the tribunal process promptly, even if a grievance is ongoing.
- The 'just and equitable' extension is discretionary and rarely granted if the delay is significant and unexplained.
A cautionary tale about time limits
This case shows how strict employment tribunal time limits can be. The claimant, a head of security services management with over 14 years' service, resigned in March 2021, alleging underpayment and age discrimination. He raised a grievance before his employment ended, but did not contact ACAS until June 2022 – over a year after his resignation. By the time he presented his claim in July 2022, all the statutory time limits had passed.
What the tribunal decided
The tribunal had no choice but to dismiss every claim. The redundancy payment claim was out of time because the claimant missed the six-month window after the grievance. The unfair dismissal, discrimination, and unlawful deduction claims were also out of time. The tribunal noted that the claimant had been aware of the time limits but had waited for the outcome of his grievance and appeal. Unfortunately, waiting for an internal process does not pause the tribunal clock.
What could have been done differently
The claimant could have presented his claim much earlier – even while the grievance was ongoing – and asked the tribunal to stay proceedings pending the outcome. Alternatively, he could have sought advice immediately after resigning. The key lesson is that internal processes and tribunal claims run in parallel; one does not wait for the other.
Why this matters
This case is a stark reminder that even a strong claim on the merits can fail if it is brought too late. Employees considering a tribunal claim should act promptly, ideally within days or weeks of the event, and not rely on internal grievance procedures to extend the deadline.
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