Dismissed while off sick: unfair dismissal claim thrown out as too late
A former night watchman who waited 10 months to bring an unfair dismissal claim after being sacked while on sick leave has had his case dismissed as out of time. The tribunal refused to extend the deadline, ruling it was reasonably practicable for him to have claimed sooner.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was dismissed on 2 February 2022.
- The claimant presented his unfair dismissal claim on 14 December 2022.
- The primary time limit expired on 1 May 2022.
- The claimant did not contact ACAS until 12 December 2022, after the time limit had expired.
- The claimant was aware of his dismissal but made no enquiries about his employment rights until late November/December 2022.
- The claimant had access to the internet and could have sought advice earlier.
Timeline
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Accident at work
Claimant slipped and sustained head injury while on night shift; taken to hospital and signed off sick.
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Respondent requests return-to-work plans
Respondent wrote to claimant asking for confirmation of return to work within 2 weeks.
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Effective date of termination
Respondent terminated claimant's employment and issued P45.
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Primary limitation period expires
Three-month time limit for presenting unfair dismissal claim expired.
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Conversation with garage owner
Claimant discussed accident with garage owner, who referred him to a third party for potential claim.
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Personal injury claim submitted
Gull Law Chambers Ltd submitted an EL1 claim form for personal injury on claimant's behalf.
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Claimant contacts ACAS
Claimant contacted ACAS for early conciliation (Day A).
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Early Conciliation Certificate issued and claim presented
ACAS issued EC Certificate (Day B); claimant presented unfair dismissal claim to tribunal.
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Preliminary hearing on time limit
Hearing to determine whether claim was presented in time.
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Judgment issued
Employment Judge Bansal dismissed the claim as out of time.
The legal issue
The tribunal had to decide whether the claimant's unfair dismissal claim was presented within the three-month time limit, or whether it was not reasonably practicable for him to do so, so that the time should be extended.
The outcome
The tribunal dismissed the claim as out of time.
The key reason was that the claimant did not present his unfair dismissal claim until 14 December 2022, over seven months after the primary time limit expired on 1 May 2022. The tribunal found that he had access to the internet and could have sought advice earlier. His ignorance of his rights and focus on his health did not make it not reasonably practicable to claim in time.
No compensation was awarded as the claim was dismissed on jurisdictional grounds.
Lessons & takeaways
- The three-month time limit for unfair dismissal claims starts from the effective date of termination – do not assume you have longer.
- Ignorance of your employment rights is not usually a good reason for missing the deadline; tribunals expect you to seek advice promptly.
- Even if you are unwell or focused on other matters, you may still be expected to take reasonable steps to find out about time limits.
- Contacting ACAS early conciliation does not pause the time limit – you must start that process before the deadline expires.
- If you have access to the internet or a phone, the tribunal will likely expect you to use them to get advice within the three-month window.
A claim that arrived too late
This case shows the hard reality of employment tribunal time limits. The claimant, a night watchman, was dismissed on 2 February 2022 after a head injury kept him off work for months. He believed the dismissal was inevitable and did not question it. But by the time he contacted ACAS in December 2022 – prompted by a chance conversation with a nurse – the three-month window for bringing an unfair dismissal claim had long closed.
The tribunal accepted that the claimant was focused on his health and unaware of his rights. However, it noted that he had access to the internet and could have made enquiries earlier. The law requires claimants to act within three months of dismissal unless it was 'not reasonably practicable' to do so. Mere ignorance or preoccupation with other matters is not enough.
What the employer did right
JP&S Services Ltd did not contest the merits of the dismissal at this stage. Instead, it successfully argued that the tribunal had no jurisdiction because the claim was out of time. The employer had written to the claimant in January 2022 asking for his return-to-work plans and gave him two weeks to respond. When he did not reply, it issued his P45. The tribunal did not need to decide whether that process was fair – the time issue was fatal.
What this means for similar claims
For anyone considering an unfair dismissal claim, the message is clear: act quickly. The three-month countdown begins on the day your employment ends, not when you feel ready. If you are off sick or unsure of your rights, seek advice from ACAS, Citizens Advice, or a solicitor as soon as possible. A delay of even a few weeks can cost you the chance to bring your case at all.
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