Out-of-time claims struck out: ignorance of the law is no excuse

A costly misunderstanding of time limits

This case shows how a simple misunderstanding of employment tribunal time limits can be fatal to a claim. The former employee, who worked for Nakanojo UK Ltd for just two months, believed she had two years to bring a claim because that is the limit in Italy. By the time she contacted ACAS – eight months after the deadline – it was too late.

The tribunal was sympathetic to her difficult circumstances: she had been denied entry to the UK, suffered financial stress, and had her bank account closed due to identity fraud. But the law is clear: ignorance of the time limit is not a sufficient reason to extend time, especially when the claimant had internet access and could have checked the rules at any point during the seven to eight months she was in Italy.

What the respondent could have done differently

The respondent, Nakanojo UK Ltd, had already closed its restaurant and entered liquidation by the time of the hearing. Its director admitted that the claimant's wages had bounced back into the company account due to her closed bank account, and he undertook to pay the £915.71 from his own pocket. While this was a positive step, the respondent could have avoided the dispute altogether by ensuring wages were paid promptly and by addressing the claimant's concerns about discrimination at the time.

Why this result matters

This decision reinforces the strict approach tribunals take to time limits. Even where a claimant has faced genuine difficulties, the tribunal will weigh the prejudice to both sides. Here, the respondent would have been unable to defend itself because its staff had dispersed and the restaurant had closed. The message is clear: if you think you may have a claim, act quickly – do not rely on assumptions or informal advice. The three-month clock starts ticking from the date of the event you are complaining about, and missing it can mean losing your right to a hearing altogether.