Former employee awarded notice pay after tribunal extends time for late claim
A tribunal extended time for an unfair dismissal claim filed 11 days late, but struck it out for lack of merit. The claimant succeeded only on a breach of contract claim for notice pay, receiving £948.78.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant resigned on 22 November 2020 and started new employment on 6 January 2021.
- The claimant's effective date of termination was 3 January 2020.
- The claim was filed 11 days late on 18 May 2020.
- The tribunal found it was not reasonably practicable to file the unfair dismissal claim in time and extended time.
- The unfair dismissal claim was struck out for having no reasonable prospect of success.
- The age discrimination claim was struck out for having no reasonable prospect of success.
- The breach of contract claim for notice pay succeeded, with damages of £948.78 awarded.
- The direct sex discrimination claim was dismissed on withdrawal.
- The direct race discrimination claim was dismissed after a hearing on the merits.
Timeline
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Effective date of termination
The claimant's employment ended.
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ACAS early conciliation started
The ACAS early conciliation period began.
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ACAS early conciliation ended
The ACAS early conciliation certificate was issued.
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ACAS email sent
ACAS sent an email stating the certificate had been issued, leading the claimant to believe the deadline was 20 May 2020.
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Actual deadline for claim
The last day for filing the claim was 7 May 2020.
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Claim filed
The claimant filed the claim, 11 days late.
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Resignation letter
The claimant resigned via a polite email with no mention of issues.
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New employment started
The claimant started a new job with higher pay.
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Preliminary hearing
Employment Judge Housego struck out unfair dismissal and age discrimination claims, but allowed sex, race, and breach of contract claims to proceed.
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Hearing on sex discrimination and breach of contract
Employment Judge McLaren dismissed the sex discrimination claim on withdrawal and awarded £948.78 for breach of contract (notice pay).
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Final hearing on race discrimination
Employment Judge McLaren dismissed the race discrimination claim, finding no contravention of section 13 Equality Act.
The legal issue
The tribunal had to decide whether to extend time for a late unfair dismissal claim and whether the claimant's discrimination and breach of contract claims had merit.
The outcome
The tribunal struck out the unfair dismissal and age discrimination claims for having no reasonable prospect of success. The sex discrimination claim was dismissed on withdrawal, and the race discrimination claim was dismissed after a hearing. The breach of contract claim for notice pay succeeded, with damages of £948.78 awarded.
- Breach of contract (notice pay): £948.78
Lessons & takeaways
- If you receive a misleading ACAS email about the deadline, you may still be able to argue it was not reasonably practicable to file on time, but the claim must have merit to survive.
- Strike-out applications can succeed early if your claim has no reasonable prospect of success, so ensure your case has solid evidence.
- Discrimination claims require clear evidence of less favourable treatment because of a protected characteristic; vague allegations are likely to be dismissed.
- Breach of contract claims for notice pay can succeed even if other claims fail, as long as you have a contractual entitlement.
This case shows how a tribunal can extend time for a late claim if the employee was reasonably misled by ACAS, but that does not guarantee the claim will succeed. The former employee, who worked in the rehabilitation sector, resigned in November 2020 and started a new job with higher pay in January 2021. He filed his tribunal claim 11 days late because an ACAS email led him to believe the deadline was 20 May 2020, not 7 May 2020. The tribunal accepted that it was not reasonably practicable to file in time, but still struck out the unfair dismissal claim for having no reasonable prospect of success.
What went wrong for the claimant
The claimant brought multiple claims: unfair dismissal, age, sex, and race discrimination, and breach of contract. The tribunal found the unfair dismissal claim had no reasonable prospect of success, possibly because the claimant resigned without raising grievances. The age discrimination claim was similarly weak. The sex discrimination claim was withdrawn, and the race discrimination claim was dismissed after a full hearing. Only the breach of contract claim for notice pay succeeded, resulting in a modest award of £948.78.
What the respondent could have done differently
KTB Rehabilitation Ltd represented itself and successfully defended most claims. However, the breach of contract claim succeeded, meaning the respondent had failed to pay the claimant his contractual notice pay. Employers should ensure they comply with contractual notice obligations, even when the employee resigns.
Why this matters for similar claims
This case highlights that employees who file late must show it was not reasonably practicable to file on time, but even if they succeed, the claim must have merit. It also shows that discrimination claims require strong evidence; vague allegations will be struck out. For employers, it reinforces the importance of paying contractual notice pay and responding promptly to tribunal applications.
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