Sales person's unfair dismissal claim dismissed as six days late
An employment tribunal dismissed an unfair dismissal, redundancy and notice pay claim because it was presented six days after the deadline, rejecting the claimant's explanation of a postal strike as unsupported by evidence.
1 min read · Last updated 18 May 2026
Case details
- #out-of-time
- #postal-strike
- #pro-se-claimant
- #no-response-from-respondent
Key facts
- The claimant was employed as a sales person from June 2014 to 23 July 2022.
- The claimant's effective date of termination was 23 July 2022.
- The claimant had until 13 December 2022 to present his claim, including early conciliation extension.
- The claimant presented his claim on 19 December 2022, six days late.
- The claimant knew about the time limit by 5 December 2022 at the latest.
- The claimant provided no reasonable explanation for the delay, citing a postal strike without evidence.
Timeline
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Employment started
The claimant began working for the respondent as a sales person.
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Dismissal
The claimant was dismissed from employment.
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Early conciliation started
Early conciliation commenced.
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Early conciliation certificate issued
Early conciliation certificate dated.
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Claim form received by claimant
The claimant received the claim form and became aware of the time limit.
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Deadline for presenting claim
The last day to present the claim within the extended time limit.
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Claim presented
The claimant presented his claim, six days late.
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Preliminary hearing notice
The claimant received a letter converting the hearing to a preliminary hearing on time limits.
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Preliminary hearing
The tribunal heard evidence on whether the claim was in time.
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Judgment issued
The tribunal dismissed the claims as out of time.
The legal issue
The tribunal had to decide whether the claimant presented his unfair dismissal, redundancy, and notice pay claims within the statutory time limit (including an extension for early conciliation), and if not, whether it was reasonably practicable for him to do so and whether time should be extended.
The outcome
The tribunal dismissed all claims as out of time.
The claimant was dismissed on 23 July 2022. After early conciliation, the deadline to present his claim was 13 December 2022. He presented it on 19 December 2022 — six days late. The claimant argued he did not know about the time limit until he received the claim form around 5 December 2022, and blamed a postal strike for the delay. However, he could not provide any evidence of the postal strike or explain why he could not have sent the claim earlier.
The tribunal concluded that it was reasonably practicable for the claimant to have presented the claim on time, and refused to extend the deadline. No compensation was awarded.
Lessons & takeaways
- Employment tribunal claims have strict time limits — usually three months from the effective date of termination, plus any extension for early conciliation.
- If you miss the deadline, you must provide a clear and credible reason for the delay; vague explanations like 'postal strike' without evidence are unlikely to succeed.
- Act promptly once you know about the time limit — waiting until the last minute increases the risk of missing it.
- If you are representing yourself, read all tribunal correspondence carefully; a letter about a preliminary hearing does not give you extra time to file your claim.
- Keep records of when you send documents and consider using tracked post or online submission to prove you met the deadline.
A costly six-day delay
This case is a stark reminder that employment tribunal deadlines are not flexible. The claimant, a sales person with eight years' service, was dismissed on 23 July 2022. After early conciliation, the final date to present his claim was 13 December 2022. He filed it on 19 December — just six days late. That short delay cost him the chance to have his unfair dismissal, redundancy, and notice pay claims heard on their merits.
The tribunal found that the claimant knew about the time limit by 5 December 2022 at the latest, when he received the claim form. He had eight days to act but did not file until 19 December. His explanation — that a postal strike caused the delay — was unsupported by any evidence. He could not say when the strike occurred or why he could not have posted the claim earlier.
What the respondent did right
The respondent, The Quality Koi Company Limited, did not attend the hearing or file a response. Despite this, the tribunal still dismissed the claim because the claimant failed to meet the time limit. This shows that even if the employer does not defend the case, the claimant must still satisfy the tribunal's procedural requirements.
What this means for similar claims
The key takeaway is simple: do not leave filing to the last minute. The tribunal will not accept vague excuses. If you are representing yourself, make sure you understand the deadline and allow plenty of time for postal delays or other issues. Using online submission or tracked post can provide proof of when you sent the claim. Missing the deadline by even a few days can be fatal to your case.
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