Former employee's unfair dismissal claim dismissed as two days late
A former employee's unfair dismissal and most disability discrimination claims were struck out after he presented his claim two days late, due to a misunderstanding of the time limit.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was dismissed on 11 July 2022.
- He commenced ACAS early conciliation on 10 October 2022, the last possible day to preserve time limits.
- ACAS early conciliation completed on 25 October 2022, giving a deadline of 25 November 2022 to present claims.
- The claimant presented his first claim on 27 November 2022, two days late.
- The claimant mistakenly believed he had six weeks from the ACAS certificate to present his claim, rather than one month.
- The tribunal found it was reasonably practicable for the claimant to have presented his unfair dismissal claim in time.
Timeline
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Notice of termination
The claimant was given six weeks' notice of termination of employment.
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Dismissal effective date
The claimant's dismissal took effect on 11 July 2022.
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ACAS early conciliation started
The claimant commenced ACAS early conciliation on this date, the last day to do so to preserve time limits.
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ACAS early conciliation completed
ACAS issued its certificate, starting the one-month period to present a claim.
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First claim presented
The claimant presented the first claim form (2210570/2022), two days after the deadline.
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Second claim presented
The claimant presented a second claim form (2210586/2022), correcting an administrative error.
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First preliminary hearing
A preliminary hearing for case management was held before Employment Judge Baty.
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Second preliminary hearing
A preliminary hearing to determine time limit issues was held. The tribunal struck out most claims but allowed one discrimination claim to proceed.
The legal issue
The tribunal had to decide whether the claimant's unfair dismissal and disability discrimination complaints were presented within the statutory time limits, and if not, whether time should be extended.
The outcome
The tribunal struck out the unfair dismissal claim and most disability discrimination claims as out of time. Only one discrimination claim (discrimination arising from disability in relation to dismissal) was allowed to proceed.
- Unfair dismissal: presented 2 days late; not reasonably practicable to have presented in time.
- Disability discrimination: presented out of time; except for the dismissal-related claim, not just and equitable to extend time.
- No compensation awarded as claims were struck out.
Lessons & takeaways
- The deadline to present an unfair dismissal claim is three months minus one day from the effective date of termination, extended by any ACAS early conciliation period.
- ACAS early conciliation pauses the clock, but once the certificate is issued, you have one month (not six weeks) to present your claim.
- If you are unsure about time limits, seek legal advice promptly rather than relying on your own understanding.
- Presenting a claim even one day late can result in it being struck out unless you can show it was not reasonably practicable to file on time.
- For discrimination claims, the tribunal has discretion to extend time if it is 'just and equitable', but this is not guaranteed.
A costly misunderstanding of time limits
This case shows how a simple mistake about the deadline for bringing an employment claim can have serious consequences. The former employee was dismissed on 11 July 2022 and started ACAS early conciliation on 10 October 2022 — the last possible day to preserve his time limit. After the ACAS certificate issued on 25 October 2022, he believed he had six weeks to present his claim, rather than the correct one month. He filed his claim on 27 November 2022, two days late.
The tribunal found that it was reasonably practicable for him to have presented the claim in time. He had access to the internet and could have checked the correct deadline. His misunderstanding of the law was not a sufficient excuse. As a result, his unfair dismissal claim was struck out, along with most of his disability discrimination claims, except for one relating to his dismissal.
What the respondent did right
Imperial College Healthcare NHS Trust, represented by a solicitor, successfully argued that the claims were out of time. The tribunal agreed that the claimant had not shown any good reason for the delay. The case highlights the importance of employers being aware of time limits, but also that the burden is on the claimant to file on time.
Why this matters
For anyone considering an employment tribunal claim, this case is a stark reminder that time limits are strictly enforced. Even a two-day delay can be fatal to a claim. The tribunal has limited discretion to extend time for unfair dismissal — only if it was not reasonably practicable to file in time. For discrimination claims, the test is broader ('just and equitable'), but still not automatic. The safest approach is to file as early as possible and double-check the deadline, especially after ACAS early conciliation.
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