Former employee's claims dismissed after missing time limits and hearing
A former employee's claims for unfair dismissal, holiday pay, and breach of contract were dismissed by the tribunal because they were brought outside the legal time limits and she failed to attend the final hearing.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was employed by the respondent for less than two years.
- The claimant's unfair dismissal complaint was struck out for lack of jurisdiction.
- The claimant's holiday pay and breach of contract claims were presented outside the time limits.
- The claimant failed to attend the final hearing and did not provide sufficient explanation for her absence.
- The claimant's application to postpone the hearing was refused due to lack of exceptional circumstances.
- The claimant's application for reconsideration was refused.
Timeline
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Claim form received
The claimant submitted a claim form complaining of unfair dismissal, breach of contract, and failure to pay holiday pay, naming Mr Moore as respondent.
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Claim rejected
Employment Judge Sweeney rejected the claim because the respondent named (Mr Moore) differed from the early conciliation certificate (Utility Savings Group Ltd). The rejection was emailed to the claimant.
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Claimant contacts tribunal
The claimant emailed the tribunal asking for an update, then spoke to an administration officer who forwarded the 23 June email. The claimant said she had not received it and wished to amend the respondent's name.
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Claim accepted
Employment Judge Jeram accepted the claim form, treating it as received on 22 September 2022, and amended the respondent to Utility Savings Group Ltd.
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Unfair dismissal struck out
Employment Judge Arullendran struck out the unfair dismissal complaint because the claimant had less than two years' service.
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Postponement request
The claimant emailed the tribunal requesting a postponement due to an emergency (her father's death). Employment Judge Sweeney directed her to provide details, but she did not comply.
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Final hearing
The claimant did not attend. Employment Judge Aspden refused the postponement, proceeded in her absence, and dismissed the remaining claims as out of time.
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Claimant requests reconsideration
The claimant emailed the tribunal asking to withdraw the decision and provide another hearing date.
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Reconsideration refused
Employment Judge Aspden refused the application to set aside the judgment and reconsider the decision.
The legal issue
Whether the tribunal had jurisdiction to hear the claimant's complaints given that the unfair dismissal claim required two years' service, and the holiday pay and breach of contract claims were brought after the time limits had expired.
The outcome
The tribunal struck out the unfair dismissal complaint because the claimant had less than two years' service, as required by section 108 of the Employment Rights Act 1996.
The remaining claims for holiday pay and breach of contract were dismissed as they were presented outside the time limits set out in the Employment Rights Act, Working Time Regulations, and the Extension of Jurisdiction Order.
The claimant did not attend the final hearing and her request for a postponement was refused. Her subsequent application for reconsideration was also refused.
No compensation was awarded as the claims were dismissed.
Lessons & takeaways
- Check the time limits for bringing a claim – most employment tribunal claims must be brought within three months of the event.
- Unfair dismissal claims require at least two years of continuous service unless the dismissal is for an automatically unfair reason.
- If you cannot attend a hearing, you must provide a full explanation and evidence of exceptional circumstances to get a postponement.
- Keep the tribunal updated with your correct contact details and check for emails regularly.
- If your claim is rejected for a technical error, you must correct it promptly to avoid further delays.
This case shows how strict employment tribunal time limits can be, and the consequences of missing them. The former employee brought claims for unfair dismissal, unpaid holiday pay, and breach of contract, but the tribunal found that each claim was out of time.
What went wrong
The unfair dismissal claim was struck out early because the employee had worked for the respondent for less than two years. This is a legal requirement under the Employment Rights Act 1996 – without it, the tribunal has no jurisdiction to hear the case.
The holiday pay and breach of contract claims were presented too late. The original claim form was received in June 2022 but was rejected because the wrong respondent was named. It was not accepted until September 2022, which pushed the claims outside the three-month time limit.
The final hearing
The employee did not attend the final hearing and asked for a postponement due to a family emergency. However, she did not provide the details the tribunal requested, so the postponement was refused. The tribunal proceeded in her absence and dismissed the remaining claims. Her later request to set aside the decision was also refused.
What this means for similar claims
This case is a reminder that employment tribunals take time limits very seriously. Even if a claim has merit, it cannot proceed if it is brought too late. Employees should seek advice early, ensure their claim form names the correct respondent, and respond promptly to any tribunal communications. Missing a hearing without a good reason can result in the claim being dismissed without consideration of its merits.
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