Kitchen designer dismissed by text: claim thrown out for being too late
A kitchen designer who was dismissed by text message after just five months had her entire claim dismissed because she presented it after the statutory time limit. The tribunal found it was reasonably practicable for her to have claimed earlier.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a kitchen designer from 31 March 2021 until her dismissal on 9 August 2021.
- She was dismissed by text message before a scheduled suspension meeting.
- The claimant presented her claim to the tribunal on 4 January 2022.
- The effective date of termination was 16 August 2021 after adding statutory notice.
- The claim was presented after the extended time limit of 30 December 2021.
- The tribunal found it was reasonably practicable for the claimant to present her claim in time.
Timeline
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Employment started
Claimant began employment as a kitchen designer with a gross salary of £20,000 plus commission.
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Suspension
Claimant and another employee were suspended following an alleged argument.
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Suspension email
Claimant received an email suspending her until a review meeting on 9 August 2021.
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Dismissal
Claimant was dismissed by text message before the scheduled meeting, citing unsuccessful probation.
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Early conciliation started
Claimant contacted ACAS to begin early conciliation.
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Early conciliation certificate issued
ACAS issued the early conciliation certificate.
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Claim presented
Claimant presented her claim to the Employment Tribunal.
The legal issue
The tribunal had to decide whether the claimant's complaints of unfair dismissal, breach of contract, holiday pay, and unlawful deduction from wages were presented within the statutory time limits, and if not, whether it was not reasonably practicable for them to be presented in time.
The outcome
The tribunal dismissed all four complaints as out of time. The effective date of termination was 16 August 2021, meaning the extended time limit expired on 30 December 2021. The claimant presented her claim on 4 January 2022, five days late.
The tribunal found that it was reasonably practicable for the claimant to have presented her claim in time. She had been in contact with ACAS for early conciliation from 20 October to 30 November 2021, and had ample opportunity to submit her claim promptly after the certificate was issued.
No compensation was awarded as the tribunal had no jurisdiction to hear the claims.
Lessons & takeaways
- Employment tribunal claims have strict time limits – usually three months from the date of dismissal, extended by early conciliation. Missing the deadline by even a few days can be fatal.
- If you are representing yourself, seek advice early about time limits. The tribunal will not extend time simply because you were unaware of the rules.
- Early conciliation with ACAS pauses the clock, but you must still present your claim promptly once the certificate is issued – do not delay.
- Short-service employees (under two years) cannot bring ordinary unfair dismissal claims, but may still have protection for automatic unfair dismissal if they asserted a statutory right.
A harsh lesson in time limits
This case shows how unforgiving employment tribunal time limits can be, even when the underlying facts might otherwise give rise to a claim. The claimant, a kitchen designer with only five months' service, was dismissed by text message on 9 August 2021 – before a scheduled suspension meeting. She alleged she was dismissed for asserting a statutory right (to be accompanied at a meeting), which would have been an automatically unfair dismissal not requiring two years' service.
However, the claimant did not present her claim until 4 January 2022. After accounting for early conciliation, the deadline was 30 December 2021. She was just five days late. The tribunal found that it was reasonably practicable for her to have presented the claim in time: she had been in contact with ACAS from October and had the certificate from 30 November, giving her a full month to submit her claim.
What the employer did right
The respondent, Wilmslow Kitchen Interiors Limited, successfully argued that the claim was out of time. The tribunal agreed, meaning it never had to consider the merits of the dismissal or the other complaints about holiday pay and unpaid wages. For employers, this case reinforces the importance of keeping clear records of dismissal dates and being prepared to defend time limits where appropriate.
What the claimant could have done differently
The claimant represented herself, which may have contributed to the delay. Anyone considering a tribunal claim should prioritise the deadline above all else. Even if you are still gathering evidence or seeking advice, it is better to submit a holding claim and amend it later than to miss the cut-off. The tribunal has no discretion to extend time simply because the delay was short.
Why this matters
This case is a reminder that procedural rules can be as decisive as the facts. For employees with less than two years' service, the window to bring a claim is already narrow – missing it by even a few days can mean losing the right to be heard entirely.
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