Waiting for appeal outcome: why ignorance of the time limit cost this employee her claim
A former employee who believed her dismissal only took effect after her appeal was rejected has had her unfair dismissal claim struck out as out of time. The tribunal refused to extend the deadline.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was dismissed on 3 September 2021.
- The claimant appealed and the appeal was upheld on 17 November 2021.
- The claimant filed her claim after early conciliation ended on 16 February 2022.
- The effective date of termination was 3 September 2021, not the appeal decision date.
- The claimant had a union representative during the appeal process.
- The claimant did not seek advice until 30 December 2021.
Timeline
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Dismissal
The claimant was dismissed by the respondent and notified of her right to appeal.
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Appeal hearing scheduled
The appeal hearing was listed but postponed to allow the claimant's trade union representative to attend.
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Appeal hearing
The appeal hearing took place.
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Appeal decision
The claimant received a letter upholding her dismissal.
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Contacted Citizens Advice
The claimant contacted Citizens Advice Bureau, which referred her to ACAS.
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ACAS early conciliation started
ACAS reopened after the Christmas break and early conciliation was initiated.
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Early conciliation ended
ACAS early conciliation certificate was issued.
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Claim filed
The claimant filed her claim with the employment tribunal, approximately four weeks after early conciliation ended.
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Strike out application
The respondent applied to strike out the claim as out of time.
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Hearing
The tribunal heard the strike out application and refused a postponement.
The legal issue
The tribunal had to decide whether the claimant's unfair dismissal and wrongful dismissal claims were filed within the statutory three-month time limit, and if not, whether it was reasonably practicable for her to have filed them in time.
The outcome
The tribunal struck out the claims as out of time.
- The effective date of termination was 3 September 2021, the date of dismissal, not 17 November 2021 when the appeal was upheld.
- The claimant did not contact ACAS until 30 December 2021, after the deadline had passed.
- The tribunal found that ignorance of the time limit and reliance on the appeal process did not make it not reasonably practicable to file in time.
- The respondent's application for costs was refused.
Lessons & takeaways
- The three-month time limit for unfair dismissal runs from the effective date of termination, which is usually the date you are dismissed, not the date an appeal is decided.
- Waiting for an appeal outcome does not pause the time limit — you should file a protective claim to preserve your rights.
- Ignorance of the law is not a valid reason for missing the deadline; seek advice early if you are unsure.
- If you have a union representative, ask them about time limits at the earliest opportunity.
This case is a stark reminder that employment tribunal time limits are strict and rarely extended, even when the employee is waiting for an internal appeal.
The former employee was dismissed on 3 September 2021 and was told she had a right to appeal. She appealed, and her dismissal was upheld on 17 November 2021. She believed that the dismissal took effect only on that later date, so she did not contact ACAS until 30 December 2021. By then, the three-month window had already closed.
What the tribunal decided
The tribunal made clear that the effective date of termination was the original dismissal date. The appeal process does not reset the clock. The employee argued that she was unaware of this and that her union representative had not advised her. However, the tribunal found that ignorance of the law does not make it 'not reasonably practicable' to file in time. The claim was struck out.
What could have been done differently
The employee could have filed a protective claim within the initial three months, even while the appeal was pending. If the appeal had succeeded, the claim could have been withdrawn. Instead, she waited until after the appeal decision, by which point it was too late.
Why this matters
This case highlights a common misconception: that the time limit starts from the final appeal decision. In most cases, it does not. Anyone considering an unfair dismissal claim should seek advice immediately after dismissal and not delay because of an ongoing appeal.
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