Voting and Engagement Analyst's claim dismissed for being filed 7 days late
A fixed-term employee who knew the deadline but delayed because he was unhappy with his draft claim form had his unfair dismissal and discrimination claims thrown out by the tribunal.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant worked as a Voting and Engagement Analyst on a fixed-term contract from 11 April 2022 to 29 September 2022.
- The claimant's contract was terminated on 29 September 2022.
- The claimant commenced ACAS early conciliation on 27 December 2022 and received the certificate on 7 February 2023.
- The claimant submitted his claim form on 14 March 2023, seven days after the 7 March 2023 deadline.
- The claimant knew the deadline was 7 March 2023 but delayed because he was not content with the draft claim form.
- The tribunal found it was reasonably practicable to submit the claim in time and refused to extend time for the discrimination claims.
Timeline
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Start of employment
Claimant began working as a Voting and Engagement Analyst on a fixed-term contract due to end on 10 October 2022.
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Meeting with Mr Duguid
Mr Duguid confirmed the claimant's contract would not be extended beyond October 2022.
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Claimant emailed complaints
Claimant emailed the respondent setting out various complaints, including direct race discrimination.
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Whistleblowing hotline
Claimant used the respondent's whistleblowing hotline to raise a concern about being treated unfairly regarding his contract.
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Termination of employment
Claimant's contract was terminated following an investigation into an unrelated matter.
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ACAS early conciliation started
Claimant commenced the ACAS Early Conciliation process.
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ACAS certificate issued
ACAS issued an Early Conciliation Certificate, stating the claimant had at least one month to file a claim.
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Respondent declined conciliation
ACAS conciliator informed claimant that the respondent was unwilling to engage in early conciliation.
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Deadline for claim
The claimant knew the deadline for submitting his claim form was 7 March 2023 but did not file.
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Claim form submitted
Claimant submitted his claim form to the employment tribunal, seven days late.
The legal issue
The tribunal had to decide whether the claimant's claims were presented within the applicable time limits, and if not, whether time should be extended on the grounds that it was not reasonably practicable (for protected disclosure/unfair dismissal claims) or just and equitable (for discrimination/fixed-term detriment claims) to do so.
The outcome
The tribunal dismissed all of the claimant's claims as out of time.
- The claimant's employment ended on 29 September 2022. He started ACAS early conciliation on 27 December 2022 and received the certificate on 7 February 2023. The deadline for submitting his claim was 7 March 2023, but he filed on 14 March 2023 – 7 days late.
- The claimant knew the deadline but delayed because he was not content with the draft claim form. The tribunal held that it was reasonably practicable to have submitted the claim in time, and there was no just and equitable reason to extend time for the discrimination claims.
- No compensation was awarded as the claims were dismissed.
Lessons & takeaways
- The deadline for bringing an employment tribunal claim is strict – even a delay of a few days can be fatal, especially if you were aware of the deadline.
- Dissatisfaction with your draft claim form is not a valid reason to miss the deadline; you can always amend the claim later.
- ACAS early conciliation extends the time limit, but you must still file your claim within one month of receiving the ACAS certificate.
- If you are unsure about time limits, seek legal advice early and do not wait until the last minute.
A short fixed-term contract and a tight deadline
The claimant worked as a Voting and Engagement Analyst at Federated Hermes Limited on a fixed-term contract from April to September 2022. After his contract was terminated early, he brought claims for unfair dismissal, protected disclosure detriment, race discrimination, and fixed-term employee detriment. However, the tribunal never reached the merits of those claims because they were all dismissed as out of time.
Why the delay mattered
The claimant started ACAS early conciliation on 27 December 2022 and received the certificate on 7 February 2023. The ACAS email clearly stated he had at least one month to file his claim, meaning the deadline was 7 March 2023. The claimant knew this deadline but did not submit his claim until 14 March 2023 – seven days late. His reason was that he was not content with the draft claim form and wanted to improve it.
The tribunal found that it was reasonably practicable for the claimant to have submitted the claim on time. The fact that he was unhappy with the draft was not a valid excuse – he could have filed the claim and later amended it. For the discrimination claims, the tribunal also refused to extend time on just and equitable grounds, noting the delay was not minor in context and the claimant had not provided a good reason.
What this means for similar claims
This case is a stark reminder that employment tribunal time limits are strictly enforced. Even a short delay can result in all claims being dismissed, regardless of their potential merit. If you are considering bringing a claim, you should file as soon as possible – ideally before the deadline – even if your claim form is not perfect. You can always amend it later with the tribunal's permission. Waiting because you want to improve the wording is a risk that rarely pays off.
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