Union advice delay: constructive dismissal claim struck out as too late
A nurse who resigned and alleged constructive dismissal had her claim dismissed because she presented it over nine months after the primary time limit, despite relying on union representatives who never told her about tribunal deadlines.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant resigned on 28 September 2021 and her employment ended on 10 October 2021.
- The claimant was a member of Unison and received advice from union representatives from early 2021.
- The claimant repeatedly asked Unison for access to a solicitor but was refused.
- The claimant did not learn about employment tribunal time limits until she contacted ACAS on 13 July 2022.
- The claimant presented her unfair dismissal claim on 28 July 2022, well outside the primary time limit.
Timeline
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Employment started
Claimant began working as an Advanced Nurse/Paramedic Practitioner for the respondent.
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Request for legal advice
Claimant asked Unison to access a solicitor via her union.
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Resignation
Claimant resigned, alleging constructive dismissal.
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Last day of employment
Claimant's employment ended. She also submitted a grievance.
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Primary time limit expiry
Last date to start ACAS early conciliation to be in time for an unfair dismissal claim.
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Grievance outcome
Claimant received the outcome of her grievance and was advised to appeal.
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Unison refused legal advice
Unison informed claimant that time for legal advice had passed.
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Appeal hearing
Grievance appeal hearing took place.
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Appeal outcome
Claimant received the appeal outcome.
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ACAS contact
Claimant contacted ACAS and was first informed about time limits.
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Claim presented
Claimant submitted her unfair dismissal claim to the tribunal.
The legal issue
Whether the claimant's unfair dismissal claim was presented within the relevant time limit under section 111 of the Employment Rights Act 1996, and if not, whether it was reasonably practicable for it to have been presented in time.
The outcome
The tribunal dismissed the claim because it was presented too late. The claimant resigned on 28 September 2021 and her employment ended on 10 October 2021. The primary time limit for presenting an unfair dismissal claim expired on 9 January 2022. She did not contact ACAS until 13 July 2022 and presented her claim on 28 July 2022 – over six months late.
The tribunal accepted that none of her four Unison representatives told her about tribunal time limits, despite her repeated requests for legal advice. However, the tribunal concluded it was reasonably practicable for her to have presented the claim in time because:
- She was aware of ACAS from early 2021 and could have contacted them independently.
- She was a capable individual who had pursued a detailed grievance and appeal.
- The union's failure to advise on time limits did not make it not reasonably practicable to comply.
No compensation was awarded as the claim was struck out at the jurisdictional stage.
Lessons & takeaways
- Employment tribunal time limits are strict – for unfair dismissal you generally have three months minus one day from the effective date of termination to start ACAS early conciliation.
- Relying on a union or other representative does not automatically extend the time limit; you should independently check deadlines if you are not told them.
- If you are considering a claim, contact ACAS early – even if you are still pursuing an internal grievance or appeal.
- The tribunal will consider whether it was 'reasonably practicable' to present in time; ignorance of the law is not usually a good excuse, especially if you had access to advice.
This case shows how strict employment tribunal time limits can be, even when a claimant is relying on union representatives for guidance. The claimant, an advanced nurse/paramedic practitioner with two years' service, resigned in September 2021 alleging constructive dismissal. She was a long-standing Unison member and received support from four different union representatives between early 2021 and March 2022. Despite repeatedly asking for access to a solicitor, she was told she did not need legal advice – and none of the representatives informed her about the three-month time limit for bringing an unfair dismissal claim.
She did not contact ACAS until July 2022, after her grievance appeal concluded, and presented her claim on 28 July 2022 – over six months after the primary deadline. The tribunal accepted her evidence that she was never told about the time limit, but found that it was still reasonably practicable for her to have presented the claim in time. She had spoken to ACAS in early 2021 about workplace issues, so she knew of their existence. She was an articulate individual who had pursued a detailed grievance and appeal. The tribunal held that a reasonable person in her position would have made independent enquiries about deadlines, especially given the union's refusal to provide legal advice.
What the losing side could have done differently
The claimant could have contacted ACAS directly after resigning, regardless of what her union representatives said. Even if she wanted to exhaust internal processes first, she could have started ACAS early conciliation to protect her time limit – it can be paused while internal procedures continue. The union representatives could have given her basic information about tribunal deadlines, but the tribunal did not consider their failure to do so as making it not reasonably practicable for her to comply.
Why this matters
This decision reinforces that employees cannot rely solely on union representatives to know or communicate tribunal deadlines. The test of 'reasonably practicable' is a high bar – ignorance of the law, even if induced by a representative's omission, will rarely excuse a late claim. Anyone considering an employment tribunal claim should check the time limits themselves and contact ACAS as soon as possible, ideally before resigning.
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