Constructive dismissal claim dismissed as five days late: the importance of tribunal time limits
A telesales advisor who resigned after a flexible working request was refused had her unfair dismissal and discrimination claims thrown out because she submitted her claim five days past the deadline, despite knowing the time limit.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant resigned on 8 September 2021 after her flexible working request was refused.
- The claimant submitted her ET1 claim form on 18 February 2022, over five months after her employment ended.
- The claimant was aware of the three-month time limit from her union on 4 November 2021.
- The claimant had access to union advice and ACAS but did not submit her claim within the extended deadline of 13 February 2022.
- The tribunal found it was reasonably practicable for the claimant to have brought her unfair dismissal and holiday pay claims in time.
- The tribunal declined to extend time for the disability discrimination claim on just and equitable grounds.
Timeline
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Employment started
Claimant began working for EE Limited as a telesales advisor.
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Flexible working adjustment agreed
Claimant agreed a change to her shift patterns to help manage her IBS.
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Formal flexible working request
Claimant made a formal request to change her hours, partly due to disability and partly for family reasons. The request was refused.
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Informal flexible working request refused
Claimant made an informal request to change hours due to childcare needs; it was refused. This was the last alleged act of discrimination.
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Resignation
Claimant resigned from EE Limited, effective this date, after obtaining another job.
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Union advised on time limit
Claimant received an email from her union explaining the three-month time limit for bringing a claim.
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Grievance submitted
Claimant drafted and submitted a formal written grievance to the respondent.
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ACAS early conciliation initiated
Claimant initiated early conciliation with ACAS.
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ACAS certificate issued
ACAS issued the early conciliation certificate, giving the claimant until 13 February 2022 to submit her claim.
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ET1 submitted
Claimant submitted her claim form to the tribunal, five days after the extended deadline.
The legal issue
The tribunal had to decide whether the claimant's claims were brought within the statutory time limits, and if not, whether time should be extended on the grounds that it was not reasonably practicable (for unfair dismissal and holiday pay) or just and equitable (for disability discrimination) to do so.
The outcome
The tribunal dismissed all claims as out of time.
- The claimant resigned on 8 September 2021. The primary time limit for unfair dismissal and holiday pay expired on 8 December 2021. ACAS early conciliation extended the deadline to 13 February 2022, but the claim was submitted on 18 February 2022 – five days late.
- The tribunal found that the claimant had been advised of the time limit by her union on 4 November 2021, had access to union and ACAS support, and could have submitted her claim in time. The reasons for delay – working patterns, Christmas holidays, and Covid – did not make it not reasonably practicable to comply.
- For the disability discrimination claim, the last alleged act was in August 2021. The tribunal declined to extend time on just and equitable grounds, noting the claimant had been aware of the time limit and had not acted promptly.
Lessons & takeaways
- The three-month time limit for bringing an employment tribunal claim is strict – even being a few days late can be fatal to your case.
- ACAS early conciliation extends the deadline, but you must submit your claim within the extended period – do not assume further extensions are available.
- If you are aware of the time limit and have access to advice, tribunals are unlikely to accept reasons like work patterns or holidays as excuses for missing the deadline.
- For discrimination claims, the tribunal has discretion to extend time on just and equitable grounds, but delays after knowing the time limit will count against you.
This case is a stark reminder that employment tribunal time limits are not flexible. The claimant, a part-time telesales advisor, resigned after her flexible working request was refused. She believed she had been constructively dismissed and discriminated against due to her disability. However, despite being advised of the three-month deadline by her union in November 2021, she did not submit her claim until 18 February 2022 – five days after the extended deadline following ACAS early conciliation.
What went wrong
The tribunal accepted that the claimant had a genuine grievance, but the procedural failure was clear. She had access to union advice and ACAS, and she knew the deadline. Her reasons for the delay – her shift patterns, the Christmas period, and Covid-related difficulties – were not enough to persuade the tribunal that it was not reasonably practicable to submit in time. The tribunal noted that she had managed to draft a grievance and initiate ACAS conciliation within the time limits, so she could have done the same for the tribunal claim.
Why this matters
For anyone considering an employment tribunal claim, the key lesson is to act quickly. The time limit runs from the date of dismissal (or the last act of discrimination), and even a short delay can be fatal. ACAS early conciliation pauses the clock, but once the certificate is issued, you have a fixed deadline to submit your claim. Missing it by even a few days – as here – can result in the claim being dismissed entirely, regardless of its merits. The tribunal has no discretion to extend time for unfair dismissal or holiday pay claims if it was reasonably practicable to comply. For discrimination claims, there is a wider discretion, but delays after knowing the time limit will weigh heavily against an extension.
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