Dismissed employee's claim thrown out for missing ACAS early conciliation deadline
A former employee's unfair dismissal and discrimination claims were dismissed after the tribunal found they were presented more than three months after dismissal, without ACAS early conciliation having been started in time.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant's employment terminated on 5 July 2021.
- The claimant presented a claim form on 30 September 2021 without an ACAS early conciliation certificate, which was rejected.
- The claimant presented the two claims on 3 November 2021 and 22 November 2021, more than three months after the effective date of termination.
- The claimant did not engage in early conciliation before the three-month time limit expired on 4 October 2021.
- The claimant declined to argue that it was not reasonably practicable to present the claim in time or that it was just and equitable to extend time.
Timeline
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Employment terminated
The claimant's employment ended without notice.
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First claim presented without ACAS certificate
The claimant presented a claim form (case 1403858/21) but had not obtained an ACAS early conciliation certificate, so it was rejected.
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Three-month time limit expired
The three-month period from the effective date of termination ended.
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First claim rejected
The tribunal rejected the claim due to lack of an ACAS certificate.
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Early conciliation started (first claim)
The claimant contacted ACAS for early conciliation for the first claim.
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Early conciliation ended (first claim)
The early conciliation period for the first claim ended.
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First claim presented
The claimant presented claim 1404259/2021 against Nicola Meakin.
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Second claim presented
The claimant presented claim 1404488/2021 against University Hospital Southampton NHS Foundation Trust.
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Preliminary hearing
The tribunal heard submissions on whether the claims were presented in time.
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Judgment issued
Employment Judge Dawson dismissed the claims as out of time.
The legal issue
The tribunal had to decide whether the claims were presented within the three-month time limit from the effective date of termination, and if not, whether the claimant could rely on an extension of time on the grounds that it was not reasonably practicable to present the claim in time or that it was just and equitable to extend time.
The outcome
The tribunal dismissed both claims as out of time.
- The employment ended on 5 July 2021, so the three-month deadline expired on 4 October 2021.
- The first claim was presented on 30 September 2021 but was rejected because it lacked an ACAS early conciliation certificate.
- The claimant started early conciliation on 29 October 2021 (after the deadline) and presented the claims on 3 November 2021 and 22 November 2021.
- The claimant did not argue that it was not reasonably practicable to present in time or that it was just and equitable to extend time, so the tribunal had no basis to allow the late claims.
Lessons & takeaways
- Always obtain an ACAS early conciliation certificate before presenting an employment tribunal claim – the clock does not stop while you sort it out.
- The three-month time limit runs from the effective date of termination – missing it by even a day can be fatal if you cannot show a good reason.
- If you present a claim without the required ACAS certificate, the tribunal will reject it, and you may lose the chance to refile in time.
- At a preliminary hearing on time limits, you must be ready to explain why it was not reasonably practicable to file on time or why an extension is just and equitable – the tribunal will not do this for you.
This case is a stark reminder that employment tribunal claims have strict time limits – and missing them can be final, no matter how strong the underlying case.
What happened
The former employee was dismissed on 5 July 2021. They presented a claim form on 30 September 2021, but without an ACAS early conciliation certificate. The tribunal rejected that claim. By the time the employee obtained the certificate and refiled, the three-month deadline (4 October 2021) had passed. The employee then presented two claims in November 2021, both out of time.
At the preliminary hearing, the employee initially insisted the claim was in time and declined to ask for an extension. After the judge explained the position, the employee briefly suggested it was not reasonably practicable to file in time, but provided no evidence or argument to support that. The tribunal concluded there was no basis to extend time.
What the employer did right
The University of Southampton NHS Foundation Trust, represented by counsel, simply pointed out the chronology. The employee had not engaged with ACAS before the deadline, and the first claim was rejected for a procedural defect. The trust did not need to argue the merits – the time point was decisive.
Why this matters
This case shows that even a strong discrimination or unfair dismissal claim can be lost on procedural grounds. The ACAS early conciliation process is mandatory, and the clock keeps ticking. Employees should start early conciliation as soon as possible after dismissal, and certainly before the three-month deadline. If a claim is rejected for missing the ACAS certificate, the employee must act quickly to refile – but if the deadline has passed, they will need a good reason to ask for an extension. Here, the employee did not provide one, and the claims were dismissed.
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