Claims struck out for being presented too late: a reminder on time limits
A former employee's claims for unfair dismissal, breach of contract and unlawful deductions were struck out because they were not presented within the three-month time limit. The tribunal had no jurisdiction to hear them.
1 min read · Last updated 18 May 2026
Key facts
- The claimant presented claims for unfair dismissal, breach of contract, and unlawful deductions from wages.
- The effective date of termination was not specified in the judgment.
- The claims were not presented within the three-month time limit from the effective date of termination or last deduction.
- The tribunal found it had no jurisdiction to hear the claims and struck them out.
Timeline
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Initial hearing
Claimant did not attend; claim dismissed under Rule 47.
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Application for reconsideration
Claimant applied to reconsider the judgment.
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Reconsideration judgment
Employment Judge Woffenden revoked the earlier dismissal and ordered a preliminary hearing.
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Final hearing
Employment Judge Boyle found all claims were presented out of time and struck them out.
The legal issue
The tribunal had to decide whether the claims were presented within the statutory time limits for unfair dismissal, breach of contract, and unlawful deductions from wages. If not, it had to consider whether it was reasonably practicable to present them in time and whether the claims were brought within a reasonable period thereafter.
The outcome
The tribunal found that all three claims were presented out of time. The unfair dismissal and breach of contract claims were not brought within three months of the effective date of termination, and the unlawful deductions claim was not brought within three months of the last deduction. No extension was granted.
The claims were struck out for lack of jurisdiction. No compensation was awarded.
Lessons & takeaways
- Employment tribunal claims must usually be presented within three months of the date you are dismissed or the last deduction from wages.
- If you miss the deadline, you may still be able to bring a claim if you can show it was not reasonably practicable to present it in time, but this is a high bar.
- Always check the exact deadline with ACAS or a solicitor, as even a few days late can mean your claim is lost.
This case is a stark reminder that employment tribunals are strict about time limits. The former employee brought claims for unfair dismissal, breach of contract, and unlawful deductions from wages against Kingdom Services Group Ltd. However, the tribunal found that all three claims were presented after the three-month deadline had passed.
What went wrong
The effective date of termination was not specified in the judgment, but the tribunal determined that the claims were lodged too late. The employee did not argue that it was not reasonably practicable to present them in time, and no extension was granted. As a result, the tribunal had no legal power to hear the claims and struck them out.
What could have been done differently
The employee could have checked the time limit carefully and submitted the claim as early as possible. If there was a genuine reason for the delay, evidence should have been provided to the tribunal. In this case, the employee attended the final hearing in person but could not overcome the jurisdictional hurdle.
Why this matters
This case shows that even if you have a potentially strong claim on the facts, missing the deadline is fatal. The three-month limit runs from the date of dismissal or the last deduction, and it is not extended by internal grievances or ACAS early conciliation (though early conciliation does pause the clock). Anyone considering a tribunal claim should act promptly and seek advice if in doubt.
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