Constructive dismissal claim thrown out for being over three months late
A human resources analyst who claimed constructive dismissal lost her case because she presented her claim more than three months after leaving her job, and the tribunal ruled it was reasonably practicable for her to have done so in time.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a Human Resources and Systems Analyst from 6 October 2014 to 31 October 2021.
- The claimant claims she was constructively dismissed on 31 October 2021.
- The claimant contacted ACAS on 14 December 2021 but there is no record of that contact.
- The claimant contacted ACAS again on 4 February 2022 and lodged her claim on 10 February 2022.
- The claim was presented more than three months after the effective date of termination.
- The tribunal found it was reasonably practicable for the claimant to have presented her claim in time.
Timeline
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Employment start
Claimant began employment as a Human Resources and Systems Analyst.
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Effective date of termination
Claimant left employment, claiming constructive dismissal.
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First ACAS contact (alleged)
Claimant says she contacted ACAS, but there is no record of this.
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Second ACAS contact
Claimant contacted ACAS and was told there was no record of her earlier claim; she lodged her claim with ACAS on this day.
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ACAS certificate issued
ACAS issued the early conciliation certificate.
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Claim presented to tribunal
Claimant presented her claim to the Employment Tribunal.
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Preliminary hearing
The tribunal held a preliminary hearing to consider whether the claim was out of time.
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Judgment given
Employment Judge Ficklin dismissed the claim as out of time.
The legal issue
The tribunal had to decide whether the claimant's unfair dismissal claim was presented within the statutory time limit, and if not, whether it was not reasonably practicable for the claim to be presented in time.
The outcome
The tribunal dismissed the claim as out of time. The effective date of termination was 31 October 2021, meaning the deadline (including early conciliation extension) was around 31 January 2022. The claimant contacted ACAS on 14 December 2021 but there was no record of that contact. She contacted ACAS again on 4 February 2022 and presented her claim on 10 February 2022. The tribunal found it was reasonably practicable for her to have presented the claim in time, as she had already contacted ACAS within the limitation period and could have followed up sooner.
Lessons & takeaways
- If you believe you have been constructively dismissed, you must present your claim to the employment tribunal within three months of the effective date of termination, minus one day, plus any early conciliation extension.
- Keep a record of your ACAS early conciliation contact, including the date and any reference number, to prove you started the process in time.
- If you have difficulty meeting the deadline due to a disability like dyslexia, you may be able to argue it was not reasonably practicable to present the claim in time, but you must provide evidence of how the condition prevented you.
- Delays in obtaining legal advice or misunderstanding the process are unlikely to be accepted as reasons for missing the deadline.
A missed deadline that proved fatal
This case is a cautionary tale about the strict time limits that apply to unfair dismissal claims. The claimant, a Human Resources and Systems Analyst with seven years' service, believed she had been constructively dismissed by Rochdale Boroughwide Housing LTD on 31 October 2021. She contacted ACAS on 14 December 2021, but there was no record of that contact. She did not follow up until 4 February 2022, and presented her claim to the tribunal on 10 February 2022 — more than three months after her employment ended.
What the tribunal decided
The tribunal held that the claim was out of time. The statutory deadline (including the early conciliation extension) was around 31 January 2022. The claimant argued that her dyslexia made it difficult to navigate the process, but the tribunal found that she had already demonstrated the ability to contact ACAS within the limitation period. The judge concluded that it was reasonably practicable for her to have presented the claim in time, and that the delay was due to her failure to follow up on the first ACAS contact rather than any impediment.
What this means for others
This case highlights the importance of acting promptly and keeping clear records of all communications with ACAS. Even if you have a disability that affects your ability to manage paperwork, you will need to show how that disability actually prevented you from meeting the deadline. The tribunal will not accept general assertions of difficulty — concrete evidence is required. For anyone considering a constructive dismissal claim, the key takeaway is simple: do not wait. Contact ACAS as soon as possible after leaving your job, and make sure you have proof of that contact.
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