Hygiene operative's unfair dismissal claim fails as tribunal finds no excuse for delay
A hygiene operative who waited over five months to bring an unfair dismissal claim had his case thrown out as the tribunal found it was reasonably practicable to have filed on time.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a Hygiene Operative from 1 July 2005 (claimant's version) or 20 October 2008 (respondent's version) until dismissal on 19 August 2021.
- The claimant was dismissed for gross misconduct following a disciplinary process concerning a safety issue.
- The claimant's employment ended on 19 August 2021, as stated in the dismissal letter sent to his home address.
- The claimant presented his claim to the Employment Tribunal on 21 April 2022, over 5 months after the deadline of 18 November 2021.
- The claimant had the support of a union representative and sought legal advice in November 2021.
- The Tribunal found it was reasonably practicable for the claimant to bring his claims within the time limit.
Timeline
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Suspension
The claimant was suspended following an alleged safety issue.
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Disciplinary meeting
A disciplinary meeting was held regarding the safety issue.
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Dismissal
The respondent sent a letter to the claimant terminating his employment without notice for gross misconduct.
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Appeal letter
The claimant signed an appeal letter drafted by his union representative.
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Appeal outcome
The respondent sent the appeal outcome letter to the claimant, which he received.
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Statutory deadline
The deadline for bringing claims of unfair dismissal, age discrimination, and unlawful deductions expired.
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ACAS early conciliation started
The claimant commenced early conciliation with ACAS.
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ACAS certificate issued
ACAS issued a conciliation certificate.
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Claim presented
The claimant presented his claim to the Employment Tribunal.
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Preliminary hearing
The Tribunal heard the respondent's application to strike out the claims as out of time.
The legal issue
The tribunal had to decide whether the claimant's claims for unfair dismissal, age discrimination, and unlawful deductions were brought within the three-month time limit, and if not, whether it was just and equitable to extend the deadline.
The outcome
The tribunal dismissed all claims as out of time.
- The effective date of termination was 19 August 2021, making the deadline 18 November 2021.
- The claimant presented his claim on 21 April 2022, over five months late.
- The tribunal found it was reasonably practicable for the claimant to bring his claim on time, given he had union support and legal advice in November 2021.
- No compensation was awarded as the claims were struck out.
Lessons & takeaways
- Employment tribunal claims must usually be brought within three months of the dismissal date – missing this deadline can be fatal to your case.
- If you have a union representative or legal advice, the tribunal will expect you to act promptly; delays are rarely excused.
- Literacy difficulties alone may not justify a delay if you have support from others who can help you read and complete forms.
- The date of dismissal is key – check your dismissal letter carefully and count three months from that date.
A case lost before it began
This case shows how strict employment tribunal time limits can be. The hygiene operative was dismissed in August 2021 after a disciplinary process over a safety issue. He had union support and even sought legal advice in November 2021. Yet he did not present his claim until April 2022 – more than five months after the deadline.
The tribunal accepted that the claimant had literacy difficulties and relied on others to read documents for him. But that was not enough to excuse the delay. The judge noted that the claimant had a union representative who drafted his appeal letter and could have helped him file a claim on time.
What could have been done differently
The respondent, Atalian Servest Limited, followed a proper disciplinary process and communicated the dismissal clearly. The claimant could have preserved his right to claim by acting sooner – ideally within the three-month window. Even if he needed help, his union or solicitor could have assisted with the tribunal forms.
Why this matters
This case is a reminder that employment tribunals take time limits seriously. Even if you have a strong case on the merits, missing the deadline means you lose the right to bring it. If you are considering a claim, seek advice immediately and do not wait for the outcome of an internal appeal before starting the tribunal process.
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