Uber driver's unfair dismissal claim fails — 3 months late despite union support
A driver who was dismissed by Uber and relied on his union for advice missed the three-month deadline by over three months. The tribunal dismissed his claim as out of time, finding it was reasonably practicable for him to have presented it earlier.
2 min read · Last updated 18 May 2026
Key facts
- The claimant worked as a driver for Uber from 28 March 2019 to 16 October 2021.
- He was dismissed on 16 October 2021 for conduct reasons.
- The effective date of termination was 16 October 2021.
- The claimant contacted the GMB union on 18 October 2021 for assistance.
- He was in regular contact with the union but was unaware of time limits until April 2022.
- The ET1 was presented on 21 April 2022, 3 months and 6 days late.
Timeline
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Employment started
The claimant began working as a driver for Uber London Limited.
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Dismissal
The claimant was dismissed for conduct reasons; this was the effective date of termination.
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Contacted GMB union
The claimant sought assistance from the GMB union regarding his dismissal.
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Primary time limit expired
The three-month deadline for bringing an unfair dismissal claim expired.
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ACAS early conciliation started
The claimant initiated ACAS early conciliation, after the primary time limit had already expired.
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ET1 presented
The claimant presented his claim to the tribunal, 3 months and 6 days late.
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Preliminary hearing
The tribunal heard the issue of whether the claims were presented in time.
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Judgment given
Employment Judge Byrne dismissed the claims as out of time.
The legal issue
The tribunal had to decide whether the driver's unfair dismissal and breach of contract claims were presented within the statutory three-month time limit, and if not, whether it was not reasonably practicable for him to have done so.
The outcome
The tribunal decided that the claims were out of time and dismissed them.
- The effective date of termination was 16 October 2021, meaning the primary deadline expired on 15 January 2022.
- The driver contacted the GMB union two days after dismissal and was in weekly contact, but only learned about ACAS early conciliation in April 2022.
- He presented his ET1 on 21 April 2022 — 3 months and 6 days late.
- The tribunal found it was reasonably practicable for him to have presented the claim in time, as he was actively seeking advice and could have discovered the deadline with reasonable diligence.
- No compensation was awarded as the claims were dismissed.
Lessons & takeaways
- Don't assume your union or adviser will handle all deadlines — check the three-month time limit for unfair dismissal yourself.
- Ignorance of the law is rarely a valid excuse: the tribunal expects you to take reasonable steps to find out about time limits, especially if you are in contact with a union.
- If you are dismissed, start ACAS early conciliation as soon as possible — it can pause the clock, but only if you begin it before the deadline expires.
- Even if you are waiting for documents from your employer, you should still present a protective claim to avoid missing the deadline.
A costly delay despite union support
This case shows how easily a claim can be lost through delay, even when the employee is actively seeking help. The driver was dismissed by Uber on 16 October 2021 and contacted the GMB union just two days later. He stayed in regular weekly contact with the union, but neither he nor the union focused on the strict three-month time limit for bringing an unfair dismissal claim. By the time he learned about ACAS early conciliation in April 2022, the deadline had already passed.
The tribunal accepted that the driver was genuinely unaware of the time limit. However, the law requires more than ignorance: the test is whether it was 'reasonably practicable' to present the claim in time. Because the driver knew he had been dismissed and was in touch with a union, the tribunal found that he could have discovered the deadline with reasonable diligence. His claim was therefore out of time and dismissed.
What Uber did right — and what the driver could have done differently
Uber's legal team successfully argued that the driver had the means to find out about the time limit. The driver could have asked the union directly about deadlines, or searched online for basic employment rights information. Instead, he relied entirely on the union to handle matters, which proved fatal.
The driver also waited until April 2022 to start ACAS early conciliation — after the primary deadline had already expired. If he had started conciliation before 15 January 2022, the clock would have been paused, and his claim might have been saved.
Why this matters for similar claims
This case is a stark reminder that time limits in employment tribunals are strictly enforced. Even if you are a member of a union or have a representative, you remain responsible for ensuring your claim is lodged on time. If you are dismissed, you should:
- Check the three-month deadline immediately.
- Start ACAS early conciliation as soon as possible — ideally within days of dismissal.
- If you are waiting for information from your employer, present a protective claim to preserve your rights.
Ignorance of the law is rarely a defence. The tribunal expects you to take reasonable steps to inform yourself, especially when you have access to advice.
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