Former employee's unfair dismissal claim struck out for being too late
A former employee's claim for unpaid wages and discrimination was struck out after he presented it late and failed to attend the preliminary hearing. No damages were awarded.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was summarily dismissed for gross misconduct on 10 March 2021.
- The claimant presented his claim on 4 June 2021, after the primary time limit for unpaid wages and discrimination claims.
- The claimant did not attend the preliminary hearing on 28 September 2022.
- The tribunal found it was reasonably practicable for the claimant to present the unpaid wages claim in time.
- The tribunal found it was not just and equitable to extend time for the discrimination claims.
- The claim was struck out for being presented out of time and not actively pursued.
Timeline
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Alleged unpaid wages period begins
The claimant alleges unpaid wages from September/October 2019.
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Claimant suspended
The claimant was suspended from work on 25 June 2020.
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Disciplinary hearing scheduled
The claimant was invited to a disciplinary hearing on 20 August 2020 but did not attend due to sickness.
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Claimant submitted grievance
The claimant submitted a 22-page grievance detailing complaints since the start of his employment.
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Grievance hearings
Grievance hearings took place on 8, 11, and 12 January 2021.
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Grievance outcome meeting
The claimant was invited to a meeting to discuss the grievance outcome, which was not upheld.
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Disciplinary hearing
The claimant attended a disciplinary hearing conducted by an external HR consultant.
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Summary dismissal
The claimant was summarily dismissed for gross misconduct, effective date of termination 10 March 2021.
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ACAS certificate issued
The ACAS Early Conciliation certificate was dated 25 May 2021.
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Claim presented
The claimant presented his claim to the Employment Tribunal on 4 June 2021.
The legal issue
Whether the claims for unpaid wages and discrimination were submitted within the legal time limits, and if not, whether the tribunal should extend those limits.
The outcome
The tribunal struck out all claims.
- The unpaid wages claim was out of time, and it was reasonably practicable for the former employee to have presented it earlier.
- The discrimination claims were also out of time, and it was not just and equitable to extend the deadline.
- The former employee did not attend the hearing, and the claims were not actively pursued.
Lessons & takeaways
- Employment tribunal claims must be brought within strict time limits — usually three months minus one day from the event you are complaining about.
- If you miss the deadline, you must show it was not reasonably practicable to file on time; pursuing a grievance internally does not normally excuse the delay.
- Failing to attend a preliminary hearing can lead to your claim being struck out without consideration of the merits.
- Keep records of all dates and seek legal advice early to avoid missing deadlines.
A case of missed deadlines and missed opportunities
This case shows how strict employment tribunal time limits can be. The former employee was dismissed in March 2021 but did not present his claim until June 2021 — after the three-month window had closed. He also raised complaints about unpaid wages going back to 2019, which were well outside the time limit.
The tribunal found that it was reasonably practicable for him to have filed the unpaid wages claim on time, even though he was dealing with a grievance and disciplinary process. Internal procedures do not pause the clock.
What the employer did right
Manor Restaurants (UK) Limited followed a structured process: suspension, investigation, grievance hearings, and a disciplinary hearing with an external HR consultant. The former employee was given opportunities to attend but did not always do so. The tribunal noted that the employer acted reasonably throughout.
Why the result matters
This case is a reminder that time limits are not flexible just because a claimant is unwell, pursuing a grievance, or representing themselves. The tribunal also struck out the discrimination claims because it was not just and equitable to extend time — the delay was significant and the claimant did not attend the hearing to explain it.
For anyone considering a tribunal claim, the key lesson is: act quickly. Missing the deadline by even a few days can be fatal to your case, no matter how strong the underlying facts.
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