Constructive dismissal claim dismissed as out of time after delay
A former school principal's constructive dismissal claim was dismissed because he missed the three-month time limit, despite later being invited to a post-employment disciplinary meeting.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #time-limit
- #acas-extension
- #post-employment-disciplinary
Key facts
- The claimant resigned with immediate effect on 18 October 2021, treating himself as constructively dismissed.
- The claimant contacted ACAS on 25 January 2022, after the three-month time limit had expired on 17 January 2022.
- The claimant had advice from a trade union representative at the time of resignation.
- The claimant delayed bringing a claim because he wanted to maintain a working relationship on a separate science project.
- The claimant only decided to bring a claim after being invited to a post-employment disciplinary meeting on 24 January 2022.
Timeline
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Claimant resigns
The claimant resigned with immediate effect, claiming constructive dismissal.
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Respondent accepts resignation
The Chair of Governors wrote to the claimant accepting his resignation and thanking him for his service.
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Time limit expires
The three-month time limit for presenting an unfair dismissal claim expired.
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Post-employment disciplinary invitation
The respondent invited the claimant to a disciplinary meeting regarding serious allegations.
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Claimant contacts ACAS
The claimant contacted ACAS, but this was after the time limit had expired.
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ACAS certificate issued
ACAS issued a certificate, but no extension applied as ACAS was contacted out of time.
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Claim presented
The claimant presented his claim form to the tribunal.
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Preliminary hearing
The tribunal held a preliminary hearing to decide whether to extend the time limit.
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Judgment issued
The tribunal dismissed the claim as out of time, refusing to extend the time limit.
The legal issue
Whether the claimant could show it was not reasonably practicable to present his unfair dismissal claim within three months of resignation, and if so, whether he presented it within a further reasonable period.
The outcome
The tribunal dismissed the claim as out of time.
- The claimant resigned on 18 October 2021, meaning the three-month time limit expired on 17 January 2022.
- He contacted ACAS on 25 January 2022, after the limit had passed, so no ACAS extension applied.
- He argued that the delay was justified because he wanted to maintain a working relationship on a separate science project, and only decided to claim after being invited to a post-employment disciplinary meeting on 24 January 2022.
- The tribunal found that it was reasonably practicable for him to have presented the claim in time, as he had union advice and was aware of his constructive dismissal from the date of resignation.
Lessons & takeaways
- The three-month time limit for unfair dismissal claims runs from the effective date of termination, not from when you decide to claim.
- Contacting ACAS after the time limit expires does not extend the deadline; you must contact ACAS within the three-month window.
- Delaying a claim to preserve a business relationship is not a valid reason for missing the time limit.
- Having access to a trade union representative at the time of resignation makes it harder to argue it was not reasonably practicable to claim in time.
This case shows how strictly employment tribunals apply the three-month time limit for unfair dismissal claims, even when the employer later raises new disciplinary issues.
What happened
The claimant, a former school principal, resigned with immediate effect on 18 October 2021, treating himself as constructively dismissed. He had advice from a trade union representative at the time. The three-month time limit expired on 17 January 2022. He did not contact ACAS until 25 January 2022, eight days after the deadline. He then presented his claim on 13 March 2022.
His reason for the delay was that he wanted to maintain a working relationship on a separate science project. He only decided to bring a claim after being invited to a post-employment disciplinary meeting on 24 January 2022, which he saw as a threat.
Why the claim failed
The tribunal found that it was reasonably practicable for the claimant to have presented his claim in time. He knew his employment had ended, he had union advice, and he had chosen to delay for his own commercial reasons. The post-employment disciplinary meeting did not change the fact that he could have claimed earlier. The legal test for unfair dismissal is whether it was 'reasonably practicable' to claim in time, not whether it was 'just and equitable' (the test for discrimination claims).
What the employer could have done differently
There is no indication that the employer acted unfairly in this case. The tribunal did not examine the merits of the constructive dismissal claim because it was out of time.
Why this matters
This case is a reminder that employees who believe they have been constructively dismissed should act quickly. Waiting to see how things develop, or hoping to preserve a relationship, can cost them the right to bring a claim. The time limit is strict, and tribunals will not extend it simply because the employer later takes steps that the employee finds threatening.
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