Unfair dismissal claim thrown out for being too late
A former employee who waited over four months to bring an unfair dismissal claim had it dismissed by the tribunal, which found it was reasonably practicable to have presented it in time.
1 min read · Last updated 18 May 2026
Case details
- #out-of-time
- #unfair-dismissal
- #breach-of-contract
- #acas-early-conciliation
- #ignorance-of-time-limits
Key facts
- The claimant's employment ended on 4 October 2021.
- The claimant presented his claim on 9 February 2022, more than three months after termination.
- The claimant contacted ACAS on 4 February 2022, which was also out of time.
- The claimant had access to a computer and could search the internet.
- The claimant received advice from Citizens Advice before and after dismissal.
- The claimant said he was unaware of the time limit and was waiting to resolve matters with the respondent.
Timeline
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Employment terminated
The effective date of termination of the claimant's employment.
-
ACAS early conciliation started
The claimant contacted ACAS, but this was more than three months after termination.
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Claim presented to tribunal
The claimant presented his claim for unfair dismissal and breach of contract.
-
Respondent's response
The respondent filed its response, stating the termination date as 4 October 2021.
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Judgment given
The tribunal dismissed the claim as out of time, finding it was reasonably practicable to present in time.
The legal issue
The tribunal had to decide whether the former employee's unfair dismissal and breach of contract claims were presented within the statutory three-month time limit, and if not, whether it was not reasonably practicable to have done so.
The outcome
The tribunal decided that the claim was presented out of time and that it was reasonably practicable for the claimant to have presented it in time. Therefore, the tribunal had no jurisdiction to hear the claim and dismissed it.
The key reasons were:
- The claimant had access to a computer and could search the internet.
- He had received advice from Citizens Advice before and after dismissal.
- Ignorance of the time limit is not a valid excuse.
- Waiting to resolve matters with the employer does not make it impracticable to bring a claim.
No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- Employment tribunal claims for unfair dismissal must be presented within three months of the effective date of termination – ignorance of this limit is not a defence.
- Seeking advice from Citizens Advice or similar bodies early can help you understand time limits and avoid missing deadlines.
- You can negotiate with your employer and bring a tribunal claim at the same time – waiting to resolve matters first is not a reason for delay.
- If you have access to the internet, a simple search for 'unfair dismissal time limit' will give you the key information you need.
- The ACAS early conciliation process must be started before the three-month deadline – contacting ACAS after the deadline does not extend time.
This case shows how strictly employment tribunals apply the three-month time limit for bringing an unfair dismissal claim. The former employee's employment ended on 4 October 2021, but he did not contact ACAS until 4 February 2022 and presented his claim on 9 February 2022 – both well outside the deadline.
What went wrong
The claimant said he was unaware of the time limit and was waiting to resolve matters with his employer. He had received advice from Citizens Advice both before and after his dismissal. The tribunal found it unlikely that Citizens Advice would not have mentioned time limits, but even if they hadn't, ignorance of the law is not a valid excuse. The claimant also had a computer and could search the internet – a simple search would have revealed the three-month rule.
What the employer did right
The respondent, Inayya Corp t/a Pizza Hut, simply pointed out the correct termination date in its response. The tribunal accepted that date and applied the law. The employer did not need to do anything more – the time limit is the claimant's responsibility.
Why this matters
This case is a reminder that employment tribunal claims have strict deadlines that cannot be extended simply because you were hoping for a settlement or did not know the rules. If you think you may have a claim, act quickly – seek advice and start the ACAS early conciliation process within three months of your dismissal. Waiting can cost you the right to bring a claim altogether.
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