Online delivery driver's unfair dismissal claim thrown out for being too late
A Sainsbury's delivery driver who claimed he was unfairly dismissed for discount card misuse had his case dismissed because he presented his claim two months after the deadline.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as an online delivery driver from 17 November 2018 to 23 June 2022.
- The claimant was summarily dismissed for gross misconduct after a disciplinary hearing on 23 June 2022.
- The claimant presented his claim form on 22 December 2022, which was outside the primary three-month time limit.
- The claimant contacted ACAS on 14 October 2022, after the time limit had already expired.
- The tribunal found it was reasonably practicable for the claimant to present his claim in time.
Timeline
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Employment start date
The claimant started employment as an online delivery driver at Sainsbury's Hayes store.
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Investigation meeting
An investigation meeting was held regarding alleged gross misconduct involving discount cards.
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Disciplinary hearing and dismissal
The claimant attended a disciplinary hearing and was summarily dismissed for gross misconduct with immediate effect.
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Claimant found alternative employment
The claimant started new employment, indicating he knew he had been dismissed.
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Dismissal letter dated
The respondent sent a dismissal letter confirming the effective date of termination as 23 June 2022.
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Claimant emailed respondent
The claimant emailed the respondent stating he was dismissed on 23 June 2022 and appealed the decision.
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Claimant received dismissal letter
The claimant received the dismissal letter, leading him to believe his termination date was 22 July 2022.
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ACAS early conciliation started
The claimant contacted ACAS, but this was after the primary time limit had expired.
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ACAS early conciliation ended
The ACAS early conciliation process ended.
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Appeal hearing
The claimant's internal appeal against dismissal was heard.
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Claim form presented
The claimant presented his claim form to the employment tribunal, which was out of time.
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Appeal dismissed
The claimant's internal appeal was dismissed by letter.
The legal issue
The tribunal had to decide whether it had jurisdiction to hear the driver's unfair dismissal and unlawful deduction claims, given that he presented his claim form after the primary three-month time limit had expired.
The outcome
The tribunal dismissed the driver's claims because they were presented too late. The effective date of termination was 23 June 2022, meaning the deadline to bring a claim was 22 September 2022. The driver did not contact ACAS until 14 October 2022 and presented his claim on 22 December 2022.
The tribunal found that it was reasonably practicable for the driver to have presented his claim in time. He knew he had been dismissed, found alternative work quickly, and had access to information. His belief that the dismissal date was 22 July 2022 (when he received the letter) was not reasonable given the circumstances.
No compensation was awarded as the claim was dismissed at the jurisdictional stage.
Lessons & takeaways
- The three-month time limit for unfair dismissal claims runs from the effective date of termination, not when you receive the dismissal letter.
- If you believe you have been unfairly dismissed, contact ACAS early conciliation as soon as possible to avoid missing the deadline.
- Finding new employment after dismissal does not extend the time limit; it may show you were aware of the dismissal.
- Mistaking the dismissal date is not usually a reasonable excuse for missing the deadline if you had the means to check.
This case shows how strict the time limits are for bringing an unfair dismissal claim. The driver was dismissed on 23 June 2022 after a disciplinary hearing for alleged misuse of discount cards. He believed his dismissal took effect on 22 July 2022, when he received the letter, but the tribunal found the effective date was the date of the hearing.
What the tribunal decided
The tribunal had to decide whether it was 'reasonably practicable' for the driver to have presented his claim within three months. The driver argued he was confused about the date and was waiting for his appeal outcome. However, the tribunal noted he had already found a new job by 29 June 2022, showing he knew he had been dismissed. He also had access to advice but did not contact ACAS until after the deadline.
What could have been done differently
The driver could have checked his dismissal letter or sought advice earlier. The tribunal found that a reasonable person in his position would have realised the correct date and acted in time. Sainsbury's had also clearly stated the effective date in the dismissal letter.
Why this matters
This case is a reminder that employment tribunal claims have strict deadlines. Even if you have a strong case on the merits, missing the time limit can be fatal. If you think you have been unfairly dismissed, act quickly and seek advice as soon as possible.
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