Dismissed for gross misconduct: claim thrown out for being nine days late
A former employee's unfair dismissal claim against Whittington Health NHS Trust was dismissed as out of time after he contacted ACAS two days late and presented his claim nine days after the deadline.
1 min read · Last updated 18 May 2026
Case details
- #gross-misconduct
- #time-limits
- #acas-early-conciliation
- #litigant-in-person
- #trade-union-support
Key facts
- The claimant was dismissed on 23 February 2022 for gross misconduct.
- The claimant contacted ACAS on 24 May 2022, two days after the deadline.
- The ET1 was presented on 31 May 2022, 9 days out of time.
- The claimant had access to trade union support and legal advice.
- The claimant did not provide evidence to show it was not reasonably practicable to present the claim in time.
Timeline
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Dismissal
The claimant was dismissed by the respondent for gross misconduct.
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Time limit deadline
The deadline for presenting an unfair dismissal claim (3 months from dismissal).
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ACAS contact
The claimant contacted ACAS for early conciliation.
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ACAS certificate issued
ACAS issued an early conciliation certificate.
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ET1 presented
The claimant submitted his claim form to the tribunal.
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Internal appeal hearing
The claimant's internal appeal against dismissal was heard.
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Solicitors instructed
The claimant instructed solicitors.
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New grounds of claim
The claimant submitted new grounds of claim.
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Application to amend
The claimant applied to amend the claim form.
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Preliminary hearing
The tribunal heard the time limit issue and dismissed the claims as out of time.
The legal issue
The tribunal had to decide whether the claimant's unfair dismissal and victimisation claims were presented within the statutory three-month time limit, and if not, whether it was not reasonably practicable for them to be presented in time.
The outcome
The tribunal dismissed the claimant's claims as out of time.
The key reason was that the claimant contacted ACAS two days after the deadline, so the ACAS extension did not apply, and he presented his ET1 nine days late. He failed to prove it was not reasonably practicable to present in time, despite having access to trade union support and legal advice.
No compensation was awarded as the claims were dismissed.
Lessons & takeaways
- Contact ACAS before the three-month deadline expires, not after, to benefit from the early conciliation extension.
- If you have access to trade union or legal advice, you will be expected to know and meet time limits.
- Personal difficulties alone may not excuse a late claim if you had support available and were aware of the deadline.
- The existence of an internal appeal does not extend the time limit for bringing an unfair dismissal claim.
This case shows how strict employment tribunal time limits can be, even for litigants in person facing personal difficulties. The former employee was dismissed for gross misconduct on 23 February 2022, giving him until 22 May 2022 to bring an unfair dismissal claim. He contacted ACAS on 24 May – two days late – and presented his claim on 31 May, nine days out of time.
What went wrong
The tribunal found that the ACAS early conciliation extension only applies if contact is made before the limitation period expires. Because the claimant contacted ACAS after 22 May, the extension did not apply. The claimant argued that his personal difficulties and ongoing internal appeal meant it was not reasonably practicable to present in time. However, the tribunal noted he had access to trade union support and legal advice, and was aware of the deadline – he said in his claim form 'I must have exceeded the deadline due to my poor state of mind.'
Why the result matters
This decision reinforces that employees must act quickly after dismissal. Internal appeals do not pause the clock, and relying on them can be a costly mistake. Having access to advice – even if not fully utilised – will weigh heavily against a claim that it was not reasonably practicable to meet the deadline. For anyone considering an unfair dismissal claim, the key takeaway is to contact ACAS well before the three-month deadline and present the claim as soon as possible, ideally with professional guidance.
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