Illiterate labourer with 26 years' service allowed to bring late unfair dismissal claim
A severely dyslexic labourer who could not read or write was granted an extension to bring an unfair dismissal claim against Balfour Beatty, after the tribunal found it was not reasonably practicable for him to meet the deadline.
1 min read · Last updated 18 May 2026
Case details
- #dyslexia
- #illiteracy
- #acas-advice
- #internal-grievance
- #reasonable-practicability
Key facts
- The claimant was dismissed on 28 January 2022.
- The claimant contacted ACAS on 31 January 2022 and was told to complete the internal process first.
- The claimant raised a grievance on 13 February 2022, which concluded on 29 July 2022.
- The claimant contacted ACAS again on 1 August 2022 and was informed of the time limits on 3 August 2022.
- The claimant is severely dyslexic and cannot read or write; he relied on his daughter for assistance.
- The claimant presented his claim on 17 October 2022, after his daughter was available to help.
Timeline
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Dismissal
The claimant's employment was terminated.
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First ACAS contact
The claimant telephoned ACAS and was told to follow the internal process first.
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Grievance raised
The claimant raised a grievance with the respondent.
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Grievance concluded
The internal grievance process ended with the appeal outcome.
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Second ACAS contact
The claimant contacted ACAS again; ACAS issued the certificate on 3 August 2022.
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ACAS certificate issued
The claimant was informed of the time limits by ACAS.
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Claim presented
The claimant submitted his unfair dismissal claim to the Employment Tribunal.
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Preliminary hearing
The tribunal heard the time limit issue and found it was not reasonably practicable for the claimant to present his claim in time.
The legal issue
Whether the claimant presented his unfair dismissal claim within the statutory time limit, or whether it was not reasonably practicable for him to do so and he presented it within a reasonable further period.
The outcome
The tribunal decided that the claimant's unfair dismissal claim can proceed despite being presented late.
- The claimant was dismissed on 28 January 2022 but did not present his claim until 17 October 2022.
- The tribunal found it was not reasonably practicable for him to present it earlier due to his severe dyslexia and illiteracy, misleading ACAS advice, and his reliance on his daughter who lived far away and had work commitments.
- No compensation was awarded at this stage; the claim will now proceed to a full hearing on its merits.
Lessons & takeaways
- If you have a disability that affects your ability to read or write, the tribunal may extend the time limit for bringing a claim if you acted as soon as reasonably practicable.
- Relying on incorrect ACAS advice about completing an internal process first may help justify a late claim, but you should still seek independent legal advice.
- Keep a record of all contacts with ACAS and your employer, including what you were told and when, as this can be crucial evidence for a time limit extension.
- If you need help from a family member or friend due to a disability, explain the delays they face in assisting you – the tribunal will consider their availability.
When a disability makes tribunal deadlines impossible
This case shows how the employment tribunal can apply flexibility when a claimant's disability prevents them from meeting strict time limits. The claimant, a skilled labourer with 26 years' service at Balfour Beatty, is severely dyslexic and cannot read or write. He relied entirely on his daughter, who lived over 60 miles away, to help him with paperwork and legal processes.
After his dismissal in January 2022, the claimant contacted ACAS and was told to complete the internal grievance process first. He did so, but by the time the grievance concluded in late July, only a few days remained of the three-month time limit. When ACAS finally explained the deadline on 3 August 2022, the claimant needed his daughter to read the forms, explain the process, and submit the claim. She was not available until October due to her business commitments and the distance.
What the tribunal considered
The tribunal accepted that the claimant had acted reasonably in the circumstances. He had no legal knowledge, no trade union support, and his disability meant he could not navigate the claims process alone. The ACAS officer's initial advice to 'do the internal process first' was misleading, though not deliberately so. The key factor was that the claimant did everything he could with the resources available to him.
Why this matters for similar claims
This decision reinforces that tribunals will look at the individual circumstances of each claimant, particularly where a disability or lack of literacy is involved. Employers and ACAS should be aware that giving generic advice without considering a person's specific needs can have consequences. For claimants, the message is clear: if you have a genuine reason why you could not bring your claim on time, and you acted promptly once you could, the tribunal may still hear your case.
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