Process and Technical Manager's out-of-time claim dismissed by tribunal
A tribunal dismissed a claim for unfair dismissal and discrimination after the claimant presented his case one day late and failed to attend hearings or provide any explanation for the delay.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a Process and Technical Manager from 19 July 2010 to 26 June 2021.
- The claimant presented his claim on 13 November 2021, which was out of time for both unfair dismissal and discrimination claims.
- The claimant did not attend the preliminary hearing on 4 September 2023 or provide a witness statement.
- The claimant failed to provide any explanation for the delay in bringing his claims.
- The tribunal found it was not just and equitable to extend time for the discrimination claim and that it was reasonably practicable to present the unfair dismissal claim in time.
Timeline
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Employment start
Claimant began employment as Process and Technical Manager.
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Dismissal
Claimant was dismissed, purportedly on grounds of redundancy.
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Early Conciliation started
Claimant approached ACAS for early conciliation (day A).
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Early Conciliation ended
Early conciliation certificate issued (day B).
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Claim presented
Claimant presented his claim to the tribunal, one day out of time for unfair dismissal.
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First preliminary hearing
EJ Ord ordered further particulars of discrimination claims.
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Second preliminary hearing
EJ de Silva ordered further particulars and listed a PPH on time limits.
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PPH and judgment
Claimant did not attend; tribunal dismissed claims as out of time.
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Reconsideration hearing
Claimant did not attend; original judgment confirmed and costs of £2,500 awarded.
The legal issue
The tribunal had to decide whether the claimant's complaints of unfair dismissal and discrimination were brought within the statutory time limits, and if not, whether time should be extended.
The outcome
The tribunal dismissed the claimant's complaints of unfair dismissal and discrimination as out of time.
- The claimant was dismissed on 26 June 2021 but did not present his claim until 13 November 2021, which was one day late for unfair dismissal and over two months late for discrimination.
- The claimant failed to provide any explanation for the delay, did not attend the preliminary hearing, and did not provide a witness statement as ordered.
- The tribunal also awarded costs of £2,500 against the claimant for his unreasonable conduct.
Lessons & takeaways
- Employment tribunal claims have strict time limits — usually three months from the date of dismissal or the last act of discrimination.
- If you miss the deadline, you must provide a good reason for the delay; failing to explain can be fatal to your claim.
- Attend all hearings and comply with tribunal orders, or your claim may be dismissed and you could face a costs order.
- Early conciliation with ACAS pauses the time limit, but you must still file your claim promptly after the certificate is issued.
- Representing yourself is possible, but failing to engage with the process can lead to dismissal without consideration of the merits.
What this case shows in practice
This case is a stark reminder that employment tribunals take time limits seriously. The claimant, a Process and Technical Manager with 11 years' service, was dismissed on 26 June 2021. He started early conciliation on 24 September 2021, which paused the clock, but then waited until 13 November 2021 to present his claim — one day after the extended deadline for unfair dismissal and over two months late for discrimination.
Despite having multiple opportunities to explain the delay — at two preliminary hearings, in written submissions, and by providing a witness statement — the claimant gave no explanation at all. He did not attend the final hearing and did not comply with case management orders. The tribunal had no choice but to dismiss both claims as out of time.
What the losing side could have done differently
The claimant could have preserved his claim by presenting it on time or by providing a credible reason for the delay — for example, illness, bereavement, or a genuine misunderstanding of the deadline. Even a short delay of one day can be fatal if unexplained. He could also have attended the hearings and provided a witness statement, which might have allowed the tribunal to consider extending time on just and equitable grounds.
Why the result matters for similar claims
This outcome reinforces that procedural compliance is not optional. Tribunals expect claimants to act promptly and engage with the process. The case also shows that representing yourself does not excuse non-compliance — in fact, it may increase the risk of a costs order if the tribunal considers your conduct unreasonable. Here, the claimant was ordered to pay £2,500 in costs for failing to attend and pursue his claim.
For anyone considering an employment claim, the lesson is clear: note the deadline, file early, and if you cannot, be ready to explain why. Missing the time limit without a good reason is likely to end your case before it even begins.
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