Unfair dismissal claim struck out as out of time: the importance of knowing tribunal deadlines
A former employee's unfair dismissal claim against Oxleas NHS Foundation Trust was struck out because she presented it too late. The tribunal found it was reasonably practicable to have filed in time.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was dismissed on 24 February 2021.
- The claimant contacted ACAS on 24 May 2021.
- Conciliation ended on 2 July 2021.
- The claim was presented on 15 July 2021.
- The tribunal found it was reasonably practicable to present the claim in time.
- The unfair dismissal complaint was presented out of time and struck out.
Timeline
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Dismissal
The claimant was dismissed from her employment with Oxleas NHS Foundation Trust.
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Dismissal letter
A letter confirming dismissal was sent to the claimant, incorrectly stating the dismissal date as 25 February 2021.
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ACAS early conciliation started
The claimant contacted ACAS to begin early conciliation.
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Appeal outcome
The appeal outcome was sent to the claimant.
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ACAS conciliation ended
The ACAS early conciliation period ended.
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Claim presented
The claimant presented her claim to the Employment Tribunal.
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Preliminary hearing
A preliminary hearing was held by video before Employment Judge Corrigan to consider the time limit issue.
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Judgment on time limit
Employment Judge Corrigan issued a judgment striking out the unfair dismissal complaint as out of time.
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Strike out warning
The tribunal gave the claimant an opportunity to show cause why the claim should not be struck out for non-compliance with an order.
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Final strike out
Employment Judge Martin struck out the claim due to non-compliance with the order of 18 July 2022.
The legal issue
The tribunal had to decide whether the unfair dismissal claim was presented within the statutory time limit and, if not, whether it was reasonably practicable for the claimant to have presented it in time.
The outcome
The tribunal struck out the unfair dismissal complaint as out of time.
The key reason was that the claimant contacted ACAS on 24 May 2021, three months after her dismissal on 24 February 2021. However, the tribunal found it was reasonably practicable for her to have presented the claim in time. The judge inferred that a mistake about the deadline had been made, possibly because the dismissal letter incorrectly stated the date as 25 February 2021, leading the claimant to believe the deadline was 24 May 2021. But the correct deadline was 23 May 2021 (three months from 24 February), and the claimant did not contact ACAS until 24 May, one day late. As a result, the ACAS extension did not apply, and the claim presented on 15 July 2021 was out of time.
No compensation was awarded as the claim was struck out.
Lessons & takeaways
- The deadline for unfair dismissal claims is three months minus one day from the effective date of termination – missing it by even one day can be fatal.
- Contacting ACAS early conciliation does not extend the original deadline unless you start it within the three-month period.
- If you are unsure about the correct deadline, seek advice promptly – a mistake about the date is unlikely to be accepted as a reason for being late.
- Keep clear records of the dismissal date and any correspondence – errors in letters can cause confusion about deadlines.
This case shows how a single day can make the difference between a claim being heard and being thrown out. The former employee was dismissed on 24 February 2021. She contacted ACAS on 24 May 2021 – exactly three months later – but the correct deadline was 23 May 2021 (three months minus one day). Because she was one day late starting early conciliation, the usual extension did not apply, and her claim presented on 15 July 2021 was out of time by nearly three weeks.
What went wrong
The tribunal noted that the dismissal letter incorrectly stated the date as 25 February 2021, and the claimant's own appeal letter repeated that error. The judge inferred that the claimant or her advisers mistakenly believed the deadline was 24 May 2021, counting from the wrong date. But the law is strict: the deadline runs from the actual date of dismissal, not any date stated in a letter. The claimant also could not explain why she waited 13 days after ACAS conciliation ended to present her claim.
Why this matters
Employment tribunals take time limits very seriously. Even if you have a strong unfair dismissal case, you must act within the three-month window. If you are unsure about the correct date, check with ACAS or a solicitor as soon as possible. A simple mistake about the date – however understandable – is unlikely to persuade a tribunal that it was not reasonably practicable to present in time.
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