Field engineer deceived by adviser: out-of-time unfair dismissal claim allowed to proceed
A field engineer who was tricked by a fraudulent adviser into believing his claim had been submitted in time has been granted an extension by the tribunal, allowing his unfair dismissal case to go ahead.
1 min read · Last updated 18 May 2026
Case details
- #deceit-by-adviser
- #fraudulent-email
- #union-referral
- #reasonable-practicability
- #time-extension
Key facts
- The claimant was dismissed on 3 August 2021.
- He instructed a person he believed to be a solicitor to bring an unfair dismissal claim.
- The adviser falsely told the claimant a claim had been submitted in time and fabricated a confirmation email.
- The claimant discovered the deception in July 2022 when he contacted the tribunal.
- He presented his own claim on 27 August 2022, which was out of time.
- The tribunal found it was not reasonably practicable to bring the claim in time and extended time.
Timeline
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Dismissal
The claimant's employment ended following a period of suspension after his arrest and subsequent acquittal.
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Early conciliation request
The claimant applied for an Early Conciliation Certificate.
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Early conciliation certificate issued
Certificate naming Openreach as the prospective respondent.
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Alleged claim submission
The adviser, Peter Kerslake, falsely told the claimant a claim had been submitted and forwarded a fabricated email.
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Statutory time limit expired
The normal time limit for bringing an unfair dismissal claim ended.
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Claimant contacted Bristol ET
The claimant approached Bristol Employment Tribunal to check on his claim and was told no record existed.
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Brooklands HR Ltd dissolved
The company through which the adviser operated was dissolved.
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Claim presented
The claimant filed his own ET1 form after being advised by the tribunal.
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Preliminary hearing
The tribunal heard evidence and submissions on whether to extend time.
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Judgment issued
The tribunal granted an extension of time, allowing the claim to proceed.
The legal issue
Whether the claimant's unfair dismissal claim, presented over nine months out of time, should be allowed to proceed because it was not reasonably practicable to present it within the statutory time limit due to his adviser's fraud, and whether it was presented within a reasonable further period.
The outcome
The tribunal granted an extension of time, allowing the unfair dismissal claim to proceed.
- The claim was presented on 27 August 2022, well after the 17 November 2021 deadline.
- The claimant had instructed an adviser who falsely claimed to have submitted the claim and fabricated a confirmation email.
- The claimant discovered the fraud in July 2022 when he contacted the tribunal directly.
- The tribunal accepted that it was not reasonably practicable to present the claim in time and that the claimant acted promptly after discovering the truth.
Lessons & takeaways
- If you use an adviser, keep a record of all communications and check directly with the tribunal if you don't receive official acknowledgment within a few weeks.
- The tribunal can extend time if you were misled by someone you reasonably believed to be a professional, but you must act quickly once you discover the truth.
- Ignorance of the law is not usually a good excuse, but being deliberately deceived by an adviser is a different matter.
- Always verify that your claim has been received by the tribunal—don't rely solely on your adviser's assurances.
A cautionary tale of misplaced trust
This case illustrates the devastating consequences of relying on a dishonest adviser. The field engineer, dismissed after being acquitted of criminal charges, sought legal help and was assured by his adviser that an unfair dismissal claim had been submitted on time. In reality, the adviser had done nothing and even fabricated a fake confirmation email to cover his tracks.
For over ten months, the claimant believed his case was progressing. It was only when he contacted the tribunal directly that he discovered the truth. By then, the statutory time limit had long expired.
What the losing side could have done differently
Openreach argued that the claimant should have checked earlier and that the adviser's fraud was not a valid excuse. However, the tribunal accepted that the claimant had acted reasonably in trusting his adviser. The respondent's position might have been stronger if there had been evidence that the claimant knew or should have known his adviser was unreliable.
Why this result matters
The decision confirms that the 'reasonably practicable' test can apply even when the delay is caused by a third party's fraud. The key factors were that the claimant was not at fault and that he acted promptly once the deception came to light. This provides some reassurance to employees who may be let down by unscrupulous advisers, but it also highlights the importance of staying vigilant and checking the status of your claim directly with the tribunal.
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