Unfair dismissal claim struck out after ACAS application filed one day late
A former employee's unfair dismissal claim against Abellio London Limited was struck out because his ACAS early conciliation application was submitted one day after the three-month deadline. The tribunal found no reason to extend time.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was dismissed on 22 December 2021.
- The claimant's ACAS early conciliation application was made on 22 March 2022, one day late.
- The claimant's representative admitted a mistake about the effective date of termination.
- The internal appeal process did not extend the statutory time limit.
- The tribunal found it was reasonably practicable to present the claim in time.
Timeline
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Dismissal
The claimant was dismissed at the conclusion of a disciplinary hearing, effective from that date.
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Confirmation letter
The respondent sent a letter confirming the dismissal, stating the termination date as 22 December 2021.
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Statutory deadline
The last day for the claimant to present an ACAS early conciliation application within the three-month time limit.
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ACAS application
The claimant lodged his ACAS early conciliation application, one day late.
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Hearing and judgment
The tribunal heard the preliminary issue on time limits and struck out 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 statutory three-month time limit, and if not, whether it was not reasonably practicable for him to have done so.
The outcome
The tribunal dismissed the claim as it was presented out of time. The effective date of termination was 22 December 2021, making the deadline 21 March 2022. The claimant's ACAS application was made on 22 March 2022, one day late. The claimant's representative admitted a mistake about the termination date. The internal appeal process did not extend the time limit, and the tribunal found it was reasonably practicable to present the claim in time. No compensation was awarded as the claim was struck out.
Lessons & takeaways
- The statutory time limit for unfair dismissal claims is three months from the effective date of termination, including the ACAS early conciliation stage.
- Internal appeals do not pause or extend the time limit for bringing a tribunal claim.
- A mistake about the termination date by a representative is not usually a valid reason for a late claim.
- If you are unsure about the correct termination date, seek legal advice early to avoid missing the deadline.
This case is a stark reminder that employment tribunal time limits are strictly enforced. The former employee was dismissed by Abellio London Limited on 22 December 2021. His ACAS early conciliation application was made on 22 March 2022 – one day after the three-month deadline. The tribunal had no choice but to strike out the claim.
What went wrong?
The claimant's representative mistakenly believed the dismissal took effect on 24 December 2021 (the date of the confirmation letter). However, the dismissal was announced at the disciplinary hearing on 22 December 2021 and was effective from that date. The confirmation letter itself stated the termination date as 22 December 2021. This error meant the ACAS application was filed one day late.
The claimant argued that the lengthy internal appeal process contributed to the delay. But the tribunal confirmed, following established case law, that pursuing an internal appeal does not extend the statutory time limit. The clock starts ticking from the effective date of termination, regardless of any ongoing appeal.
Why the result matters
This case shows that even a single day's delay can be fatal to an unfair dismissal claim. The tribunal found it was reasonably practicable for the claimant to have presented his claim in time – he knew about his dismissal and had access to advice. The mistake by his representative did not make it 'not reasonably practicable' to meet the deadline.
For anyone considering an unfair dismissal claim, the key lesson is clear: act promptly. Check the exact termination date, start the ACAS early conciliation process well before the three-month deadline, and do not rely on an internal appeal to buy extra time. Missing the deadline by even one day can mean losing the right to bring a claim altogether.
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