Former employee's unfair dismissal claim struck out as 16 months late

This case shows how strictly employment tribunals apply the time limit for unfair dismissal claims. The former employee resigned in June 2021 and contacted ACAS for early conciliation, which ended in October 2021. He then waited over 16 months before issuing his claim, believing that ACAS would handle the matter and that there was a tribunal backlog of 18 months to two years.

What the tribunal considered

The tribunal had to decide whether it was 'reasonably practicable' for the claimant to have presented his claim in time. The claimant argued that his dyslexia made it difficult and that the ACAS conciliator had not explained the need to issue proceedings separately. However, the tribunal noted that he had accessed the ACAS website, which clearly states the three-month time limit, and that he had written a detailed grievance letter in good English. The judge found that his dyslexia was not an impediment — he had completed the ET1 form online without assistance and had been able to engage with the process.

What could have been done differently

The claimant could have avoided this outcome by checking the time limit on the ACAS website or seeking advice from a solicitor or Citizens Advice. He assumed that ACAS would progress his claim, but the conciliation process is separate from the tribunal. Once conciliation ended, he had a short window to issue proceedings. Waiting for a year and a half meant his claim was inevitably out of time.

Why this matters

The case is a reminder that employment tribunals have very limited discretion to extend time limits. Even where a claimant has a disability or receives misleading information from ACAS, the tribunal will ask whether it was 'reasonably feasible' to claim in time. For anyone considering an unfair dismissal claim, the key lesson is to act quickly — ideally within days of the dismissal — and not to rely on assumptions about how the process works.