Dismissed during long-term sick leave: claim thrown out for being 13 months late
A former Royal Mail employee who was dismissed on capability grounds due to long-term spinal pain had his unfair dismissal claim dismissed because he presented it over 13 months after the effective date of termination.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was dismissed on capability grounds due to long-term spinal pain.
- The claimant never received a dismissal letter but was told of his dismissal by 2 August 2020.
- The claimant presented his unfair dismissal claim on 15 September 2021, over 13 months after the EDT.
- The claimant pursued internal appeals, with the final decision not communicated until September 2021.
- The tribunal found it was reasonably practicable for the claimant to have presented his claim in time.
Timeline
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Medical report
An independent medical expert reported that the claimant's condition had become long-term with no foreseeable return date.
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Decision to dismiss
The respondent decided to dismiss the claimant on capability grounds.
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Lump sum payment
The claimant was paid a lump sum in consequence of the dismissal.
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Claimant informed of dismissal
The claimant spoke to his employer and was told he had been dismissed; he was also told he could appeal.
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Union aware of dismissal
The claimant's union wrote a letter referring to an appeal against ill-health retirement, indicating knowledge of the dismissal.
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First appeal outcome
The respondent sent a letter upholding the dismissal decision; the claimant received it a few days later.
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Second appeal hearing
A telephone appeal hearing was held; the decision recommended consideration of reinstatement but was not provided to the claimant until September 2021.
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Early conciliation started
The claimant contacted ACAS for early conciliation.
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Claim presented
The claimant presented his unfair dismissal claim to the tribunal.
The legal issue
Whether the claimant's unfair dismissal claim was presented within the statutory time limit of three months from the effective date of termination, and if not, whether it was not reasonably practicable for him to have presented it in time.
The outcome
The tribunal decided that the claim was out of time and dismissed it for lack of jurisdiction.
- The effective date of termination was 23 July 2020 (last day of service), and the claimant knew he was dismissed by 2 August 2020.
- The claim was presented on 15 September 2021, over 13 months later.
- The tribunal found it was reasonably practicable for the claimant to have presented his claim in time, as he had union support and was aware of the dismissal.
- No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- The three-month time limit for unfair dismissal claims starts from the effective date of termination, not from the outcome of internal appeals.
- Knowing you have been dismissed, even without a formal letter, starts the clock on the time limit.
- Internal appeals do not extend the time limit for presenting a tribunal claim.
- Union support and awareness of the dismissal early on are factors that make it 'reasonably practicable' to claim in time.
A late claim that couldn't be saved
This case shows how strict the time limits are for bringing an unfair dismissal claim. The former employee, who had been off work with long-term spinal pain, was dismissed by Royal Mail in July 2020. He knew he had been dismissed by 2 August 2020 after speaking to his manager, and his union was aware by September 2020. Yet he did not present his claim until September 2021 — over 13 months later.
What went wrong
The employee argued that the effective date of termination was unclear because he never received a formal dismissal letter. He also said he needed to wait for the outcome of his internal appeals before he could bring a claim. The tribunal rejected both arguments. The effective date was 23 July 2020, when his last day of service fell and he received a lump sum payment. And while internal appeals can be useful, they do not pause the clock for tribunal claims.
The tribunal found that it was reasonably practicable for the employee to have presented his claim in time. He had union representation, he knew he had been dismissed, and he could have sought advice earlier. The fact that the second appeal decision was delayed until September 2021 did not change this.
What this means for others
This case is a reminder that time limits in employment tribunals are unforgiving. If you think you may have been unfairly dismissed, you should not wait for internal processes to finish before starting a tribunal claim. The clock starts ticking from the effective date of termination — usually your last day of work or the date you are told of your dismissal. Seeking legal advice early is essential, especially if you are on long-term sick leave and facing a capability dismissal.
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