Former employee's unfair dismissal claim thrown out for being 32 days late
A tribunal dismissed an unfair dismissal and disability discrimination claim after the former employee admitted he knew the time limits but delayed because he hoped for a settlement. The claim was presented 32 days late.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant's employment began on 24 January 2022 and ended on 21 June 2022.
- The claimant began ACAS early conciliation on 20 July 2022 and received his certificate on 30 August 2022.
- The claimant presented his tribunal complaint on 2 November 2022, 32 days after the extended time limit of 30 September 2022.
- The claimant admitted he knew about time limits and delayed because he hoped for a settlement.
- The claimant has autism and identifies as transgender, but did not attribute his delay to these conditions.
Timeline
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Employment started
The claimant began working for the respondent.
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Employment ended
The claimant left employment and submitted a grievance via smartphone.
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ACAS early conciliation started
The claimant contacted ACAS (Day A).
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ACAS certificate issued
The claimant received the ACAS early conciliation certificate (Day B).
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Extended time limit expired
The extended time limit for bringing claims expired under s.207B ERA and s.140B EqA.
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Claimant gave respondent 7-day ultimatum
The claimant sent a letter giving the respondent seven days to settle before he would bring proceedings.
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Claim presented
The claimant lodged his tribunal complaint, 32 days late.
The legal issue
Whether the claimant's unfair dismissal and disability discrimination complaints were filed within the statutory time limits, and if not, whether the tribunal should exercise its discretion to extend time.
The outcome
The tribunal dismissed all complaints because they were brought out of time and refused to extend time.
- The claimant's employment lasted from 24 January 2022 to 21 June 2022.
- ACAS early conciliation ran from 20 July to 30 August 2022, extending the deadline to 30 September 2022.
- The claim was presented on 2 November 2022, 32 days late.
- The claimant admitted he knew about time limits but delayed because he hoped for a settlement. He did not attribute the delay to his autism or transgender identity.
- No compensation was awarded as the claim was dismissed in its entirety.
Lessons & takeaways
- Time limits for employment tribunal claims are strict – most claims must be brought within three months less one day of the event you are complaining about.
- ACAS early conciliation pauses the clock, but you still have a limited window after the certificate is issued – do not assume you have unlimited extra time.
- Hoping for a settlement is not a good reason to delay filing your claim – you can still negotiate while your claim is lodged.
- If you have a disability that affects your ability to meet deadlines, you must explain how it caused the delay – simply having a condition is not enough.
This case is a cautionary tale about the importance of tribunal time limits. The former employee worked for Chris Hayter Haulage Limited for just five months before leaving in June 2022. He believed he had been unfairly dismissed and discriminated against because of his autism and transgender identity. But by the time he lodged his claim in November 2022, he was already 32 days past the extended deadline.
What went wrong
The claimant knew about time limits – he admitted as much in evidence. He had even given his former employer a seven-day ultimatum in late October, threatening to bring proceedings if no settlement was reached. That ultimatum came after the deadline had already passed. When he finally presented his claim on 2 November, the tribunal had no choice but to consider whether to extend time.
The tribunal was sympathetic to the claimant's autism and transgender status, making reasonable adjustments during the hearing. But the claimant did not argue that his conditions caused the delay. Instead, he said he simply hoped for a settlement. The tribunal found that this was not a good reason to miss the deadline, and that it would not be just and equitable to extend time.
What this means for others
Employment tribunal time limits are notoriously tight. For most claims, you have three months less one day from the date of the dismissal or discriminatory act. ACAS early conciliation extends that period, but only by the time spent in conciliation – typically a few weeks. Once the ACAS certificate is issued, the clock starts ticking again.
If you are considering a claim, the safest approach is to file your claim as soon as possible, even if you are still hoping for a settlement. You can always withdraw it later. Waiting to see if an employer will pay up is a gamble that can cost you your day in court.
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