Dismissal date confusion: claim thrown out for being three months late

This case shows how a simple misunderstanding about dates can cost an employee their right to bring an unfair dismissal claim. The claimant, a crane operator and warehouse assistant, was dismissed on 29 September 2022 after a long period of sick leave. He believed the dismissal did not take effect until his internal appeal was rejected on 8 November 2022. By the time he contacted ACAS and filed his claim, the three-month deadline from the original dismissal had passed.

What the tribunal decided

The tribunal had to decide whether the claim was presented in time. The law is clear: the time limit runs from the effective date of termination, which is the date the employer ends the contract. An internal appeal does not change that date. The claimant presented his claim on 6 February 2023, more than three months after 29 September 2022. The tribunal found it was reasonably practicable for him to present the claim in time, so no extension was granted.

What could have been done differently

The claimant did not seek advice until after the appeal concluded, despite having access to Citizens Advice and the internet. He and his partner assumed the appeal outcome was the dismissal date, but they did not check. The tribunal noted that the claimant had a good grasp of English and could have asked about time limits earlier. If he had contacted ACAS or a solicitor immediately after the dismissal letter, he would have been within the deadline.

Why this matters

This case is a reminder that time limits are strict and ignorance of the law is not a defence. Employees who are dismissed should not wait for an appeal to finish before seeking advice about tribunal claims. The three-month clock starts ticking from the day you are told your employment is ending, not from the final appeal decision. Even if you are a valued employee and the dismissal seems unfair, you must act quickly to preserve your right to challenge it.