Work area manager's unfair dismissal claim struck out as out of time
A manager with 11 years' service at Royal Mail had his unfair dismissal claim dismissed because he filed it after the three-month deadline. The tribunal found it was reasonably practicable for him to have filed in time.
1 min read · Last updated 18 May 2026
Case details
- #out-of-time
- #reasonably-practicable
- #manager
- #union-member
- #internal-appeal
Key facts
- The claimant was dismissed with effect from 12 February 2022.
- The appeal hearing took place on 7 April 2022 and was not upheld on 25 May 2022.
- Early conciliation commenced on 14 June 2022 and ended on 20 June 2022.
- The claim was filed on 21 June 2022, after the 11 May 2022 deadline.
- The claimant was a manager with 11 years' service and a union member.
- The tribunal found it was reasonably practicable to file in time.
Timeline
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Dismissal letter
The claimant was dismissed by letter dated 7 February 2022.
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Effective date of termination
The dismissal took effect from 12 February 2022.
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Appeal hearing
The claimant attended an appeal hearing with a union representative.
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Appeal not upheld
The claimant was notified that his appeal was not upheld.
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Early conciliation started
Early conciliation commenced.
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Early conciliation ended
Early conciliation ended.
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Claim filed
The claimant filed his ET1 claim form.
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Preliminary hearing
The tribunal heard the time limit issue and struck out the claim.
The legal issue
The tribunal had to decide whether the unfair dismissal claim was filed within the three-month time limit from the effective date of termination, and if not, whether it was reasonably practicable for the claimant to have filed it in time.
The outcome
The tribunal decided that the claim was out of time and it was reasonably practicable for the claimant to have filed it within the deadline. The claim was struck out, meaning the tribunal had no jurisdiction to hear it.
- The effective date of termination was 12 February 2022, so the deadline was 11 May 2022.
- The claimant filed his claim on 21 June 2022, after early conciliation ended.
- The claimant argued he believed he had to wait until internal appeals were exhausted, but the tribunal found this belief was not reasonable given his access to union advice and the internet.
- 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 the outcome of any internal appeal.
- Relying on informal advice from colleagues about time limits is risky; check official sources like ACAS or a solicitor.
- If you are a union member, seek advice from your union promptly after dismissal, not weeks later.
- Personal stress and caring responsibilities are unlikely to excuse missing the deadline unless they made it genuinely impossible to file in time.
A costly misunderstanding about time limits
This case shows how a mistaken belief about when to file an unfair dismissal claim can be fatal, even for a long-serving employee. The claimant, a work area manager with 11 years' service at Royal Mail, was dismissed in February 2022. He appealed internally, and when that failed in late May, he thought he had to wait for the appeal outcome before going to tribunal. By the time he started early conciliation in mid-June and filed his claim on 21 June, the three-month deadline from his dismissal had already passed.
What the tribunal said
The tribunal accepted that the claimant was under stress and had caring responsibilities, but found that it was still reasonably practicable for him to have filed in time. He was a union member, had access to the internet, and could have sought advice earlier. The tribunal noted that he did not contact his union until a week after the appeal decision, and then took another two weeks to start early conciliation. The law sets a high bar for extending the time limit, and the claimant's reasons did not meet it.
What this means for others
This case is a reminder that the clock starts ticking from the date your employment ends, not when internal processes finish. If you think you may have a claim, seek advice immediately – from ACAS, a union, or an employment solicitor. Waiting to see how an appeal turns out can cost you your chance to bring a claim, no matter how strong it might be on the merits.
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