Former employee's unfair dismissal claim struck out for being too late
A former employee's unfair dismissal claim against Best Time Limited was struck out after she missed the time limit to contact ACAS and failed to explain the delay.
1 min read · Last updated 18 May 2026
Case details
- #out-of-time
- #strike-out
- #jurisdiction
- #acas-late
- #no-reasonably-practicable
Key facts
- The claimant's employment ended at the end of January 2022.
- The claimant contacted ACAS on 7 May 2022, after the primary time limit.
- The claimant filed her claim on 8 June 2022.
- The claimant failed to provide any explanation for the delay despite multiple opportunities.
- The tribunal found it was reasonably practicable for the claimant to have filed in time.
Timeline
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Employment ended
The claimant's employment with Best Time Limited terminated at the end of January 2022.
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Primary time limit expired
The deadline to contact ACAS (3 months from termination) passed.
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ACAS early conciliation started
The claimant contacted ACAS, but after the primary time limit.
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ACAS certificate issued
ACAS issued the early conciliation certificate.
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Claim presented to tribunal
The claimant filed her claim with the employment tribunal.
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Case management hearing
Employment Judge Roper held a case management hearing; claimant confirmed employment ended end of January 2022.
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Respondent applied to strike out
The respondent applied to strike out the claims as out of time.
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First preliminary hearing adjourned
The hearing was adjourned due to claimant's medical reasons.
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Preliminary hearing and judgment
Employment Judge Rayner heard the strike out application in claimant's absence and struck out all claims.
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Reconsideration application
Claimant applied for reconsideration of the judgment.
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Reconsideration refused
Employment Judge Rayner refused the reconsideration application.
The legal issue
The tribunal had to decide whether the former employee's claims were presented within the statutory time limits, and if not, whether it was not reasonably practicable for her to have done so.
The outcome
The tribunal struck out all claims for unfair dismissal, automatic unfair dismissal, wrongful dismissal, and unpaid holiday pay because they were filed out of time.
The key reason was that the former employee contacted ACAS on 7 May 2022, after the primary time limit of 30 April 2022, and filed her claim on 8 June 2022. She was given multiple opportunities to explain the delay but failed to do so. The tribunal found it was reasonably practicable for her to have filed in time.
No compensation was awarded as the claims were struck out for lack of jurisdiction.
Lessons & takeaways
- Contact ACAS early conciliation within three months of your employment ending, or your claim may be struck out.
- If you miss the deadline, you must provide a clear explanation of why it was not reasonably practicable to file on time.
- Attend all tribunal hearings or provide a valid reason for absence; failing to do so can lead to decisions being made without your input.
- Keep records of your employment end date and any communications with ACAS to avoid time limit issues.
This case shows how strict employment tribunal time limits can be. The former employee's employment ended at the end of January 2022, giving her until the end of April 2022 to contact ACAS. She did not do so until 7 May 2022, and filed her claim on 8 June 2022. Despite being given several chances to explain the delay, she provided no reason. The tribunal found it was reasonably practicable for her to have filed on time, so all claims were struck out.
What could have been done differently
If the former employee had contacted ACAS before the deadline, or provided a credible explanation for the delay (such as serious illness or other unavoidable circumstances), the tribunal might have allowed the claims to proceed. Attending the hearing or submitting a written statement explaining the delay could also have helped.
Why this matters
This case is a reminder that employment tribunal claims have strict time limits. Missing the deadline by even a few days can be fatal to a claim, unless the claimant can show it was not reasonably practicable to file on time. The tribunal will not accept vague or unsupported excuses. Anyone considering a claim should act promptly and seek legal advice if unsure about the deadlines.
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