Farm labourer's unfair dismissal claim dismissed as one day late
A farm labourer with 25 years' service saw his unfair dismissal claim thrown out because he submitted it one day after the deadline, despite having previous tribunal experience.
1 min read · Last updated 18 May 2026
Case details
- #acas-early-conciliation
- #time-limit
- #one-day-late
- #mistaken-belief
- #previous-tribunal-experience
Key facts
- The claimant worked as a casual farm labourer for 25 years, then allegedly employed from January 2020 to January 2022.
- He was told on 21 January 2022 that his services would no longer be required after 28 January 2022.
- He submitted his claim to the tribunal on 23 May 2022, one day after the extended deadline of 22 May 2022.
- The claimant mistakenly believed he had until 28 May 2022 to submit his claim.
- He had previous experience of tribunal claims and time limits.
- The tribunal found it was reasonably practicable for him to have submitted in time.
Timeline
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Claimant told employment ending
The claimant was informed by Terry Morgan that the following week would be his last week working.
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Last day of work (planned)
The claimant did not work after 21 January due to anxiety, but was paid until 21 January.
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Acas early conciliation started
The claimant submitted his details to Acas for early conciliation (Day A).
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Acas certificate issued
The early conciliation certificate was issued (Day B), starting the one-month extension.
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Claim posted
The claimant posted his ET1 claim form using Royal Mail next-day delivery.
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Extended deadline
The extended time limit for presenting the claim expired on Sunday 22 May 2022.
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Claim received by tribunal
The ET1 was received by the tribunal, one day after the deadline.
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Preliminary hearing on time limit
Employment Judge Cuthbert heard evidence and submissions on whether the claim was in time.
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Judgment dismissing claims
The tribunal found the claim was out of time and dismissed all claims.
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Reconsideration refused
The claimant's application for reconsideration was refused.
The legal issue
The tribunal had to decide whether the claimant's unfair dismissal and related claims were submitted within the statutory time limit, and if not, whether it was 'not reasonably practicable' for him to have submitted them in time.
The outcome
The tribunal dismissed all of the claimant's claims because they were presented one day late.
The key reason was that the claimant had previous experience of tribunal claims and time limits, so he should have known the correct deadline. His mistaken belief that he had until 28 May 2022 was not a reasonable excuse.
No compensation was awarded as the claims were dismissed.
Lessons & takeaways
- Time limits for employment tribunal claims are strict — even one day late can be fatal to your case.
- Previous experience with tribunal claims can work against you if you miss a deadline, as tribunals may expect you to know the rules.
- If you are unsure about a deadline, seek advice from Acas or a legal professional rather than relying on your own assumptions.
- Keep a record of all key dates, including the Acas early conciliation certificate issue date, which extends the deadline by one month.
A costly one-day delay
This case shows how unforgiving employment tribunal time limits can be. The claimant, a farm labourer with 25 years of casual work, alleged he was unfairly dismissed in January 2022. He submitted his claim on 23 May 2022 — one day after the extended deadline of 22 May 2022. The tribunal had no choice but to dismiss all his claims, including for unfair dismissal, unpaid wages, and holiday pay.
The claimant argued that he mistakenly believed he had until 28 May 2022 to submit his claim. However, the tribunal noted that he had previous experience of bringing tribunal claims and should have known the correct deadline. The law allows a claim to be accepted late only if it was 'not reasonably practicable' to submit it in time — a high bar that the claimant could not clear.
What the respondent did right
Nodewell Farm Partners raised the time limit issue at the earliest opportunity, and the tribunal agreed that it was a valid preliminary matter. By acting promptly, the respondent avoided the cost and uncertainty of a full hearing on the merits of the case.
What this means for similar claims
This case is a stark reminder that time limits are absolute. Even if you have a strong case on the facts, missing the deadline by a single day can be fatal. The Acas early conciliation process extends the time limit by one month, but you must still calculate the deadline carefully. If you have any doubt, seek advice — a few minutes of professional guidance could save your claim.
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