Constructive dismissal claim struck out for being 38 days late
A former employee's constructive unfair dismissal and whistleblowing claims were struck out after she presented her claim 38 days past the deadline and failed to attend the hearing.
1 min read · Last updated 18 May 2026
Key facts
- The claimant resigned on 6 September 2021.
- The claimant presented her claim on 16 March 2022.
- The limitation period expired on 6 February 2022.
- The claimant did not attend the hearing and provided no written representations.
- The tribunal found no reasonable excuse for the late claim.
Timeline
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Resignation
The claimant resigned from her employment with Milton Keynes College.
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Acas early conciliation started
The claimant initiated Acas early conciliation.
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Acas certificate issued
The Acas early conciliation certificate was issued, extending the limitation period to 6 February 2022.
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Limitation period expired
The extended limitation period for presenting the claim expired.
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Claim presented
The claimant presented her claim to the tribunal, 38 days after the limitation period expired.
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Tribunal letter
The tribunal wrote to the parties raising the time issue and directing representations.
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Preliminary hearing
The hearing took place at Watford Employment Tribunal. The claimant did not attend.
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Judgment issued
Employment Judge Forde struck out the claim as out of time.
The legal issue
The tribunal had to decide whether the claimant's constructive unfair dismissal and whistleblowing claims were presented within the statutory time limit, and if not, whether it was reasonably practicable for her to have done so.
The outcome
The tribunal struck out the claimant's claims as out of time.
- The claimant resigned on 6 September 2021. The limitation period (extended by Acas early conciliation) expired on 6 February 2022.
- She presented her claim on 16 March 2022 – 38 days late.
- She did not attend the preliminary hearing and provided no written representations explaining the delay.
- The tribunal found no reasonable excuse and therefore had no jurisdiction to hear the claims.
Lessons & takeaways
- Employment tribunal claims must be presented within three months of the dismissal date, including any extension from Acas early conciliation.
- If you miss the deadline, you must show it was not reasonably practicable to present the claim on time – a lack of representation or ignorance of the law is rarely a valid excuse.
- Attending the hearing or at least providing written submissions is crucial; failing to engage can lead to the claim being struck out without consideration of the merits.
- Keep a clear record of all dates, including the Acas early conciliation certificate issue date, as this affects the final deadline.
A costly delay
This case shows how strictly employment tribunals apply time limits, even when the underlying complaint might have merit. The former employee resigned from Milton Keynes College on 6 September 2021 and began Acas early conciliation in November. The conciliation certificate was issued on 6 January 2022, extending the deadline to 6 February 2022. She filed her claim on 16 March – 38 days late.
No explanation, no attendance
The tribunal raised the time issue in July 2022 and directed both parties to submit representations. The claimant did not provide any. She also failed to attend the preliminary hearing, despite having requested a postponement (which was refused). The tribunal decided to proceed in her absence, noting she had adequate notice and could have submitted written arguments.
The outcome
Employment Judge Forde found that the claim was presented well after the limitation period and that there was no reasonable excuse for the delay. As a result, the tribunal had no jurisdiction to hear the constructive unfair dismissal or whistleblowing claims, and the case was struck out.
What this means for similar claims
Time limits in employment tribunals are unforgiving. If you miss the deadline by even a few weeks, you risk losing the right to bring a claim entirely – regardless of its strength. Engaging with the tribunal process, attending hearings, and providing explanations for any delays are essential. Ignoring correspondence or failing to show up can seal the fate of an otherwise valid case.
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