Dismissed for failing to attend meetings while on sick leave: claim struck out as too late
A former McDonald's crew member lost his unfair dismissal claim because he contacted Acas more than three months after the deadline, despite visiting the tribunal earlier. The claim was struck out as out of time.
1 min read · Last updated 18 May 2026
Case details
- #long-term-sickness
- #out-of-time
- #dyslexia
- #failure-to-attend-meetings
- #gross-misconduct
Key facts
- The claimant was dismissed on 29 April 2022 for gross misconduct after failing to attend meetings.
- The claimant had been on sickness absence since January 2021 awaiting knee surgery.
- The claimant contacted Acas on 9 November 2022, over three months after the deadline.
- The claimant had visited the employment tribunal in May 2022 and was advised to contact Acas.
- The claimant did not appeal the dismissal.
Timeline
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Employment started
Claimant began work as a crew member.
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Sickness absence began
Claimant went on sickness absence awaiting knee surgery.
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Invitation to long-term sickness meeting
Claimant was invited but did not attend.
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Fit note expired
Claimant's fitness for work certificate expired; he did not return to work.
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Investigation meeting
Claimant was invited but did not attend.
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Dismissal
Claimant was dismissed for gross misconduct; dismissal communicated by email and letter.
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Visit to employment tribunal
Claimant attended London South Employment Tribunal and was advised to contact Acas.
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Acas early conciliation
Claimant contacted Acas; early conciliation started and ended the same day.
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Claim presented
Claimant presented his ET1 claim form.
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Preliminary hearing
Hearing to decide whether claim could proceed despite being out of time.
The legal issue
The tribunal had to decide whether the claimant's unfair dismissal claim could proceed despite being presented late, and whether it was not reasonably practicable for him to present it in time.
The outcome
The tribunal struck out the claim in its entirety because it had no jurisdiction to hear it – it was presented too late.
Key reasons:
- The claimant was dismissed on 29 April 2022 but did not contact Acas until 9 November 2022, over three months after the 28 July 2022 deadline.
- He had visited the employment tribunal in May 2022 and was advised to contact Acas, but waited nearly six months to do so.
- The tribunal found that it was reasonably practicable for him to have started early conciliation in time, even considering his dyslexia and personal circumstances.
No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- Time limits for unfair dismissal claims are strict – you usually have three months from the date of dismissal to start the Acas early conciliation process.
- Visiting an employment tribunal or speaking to an adviser does not stop the clock – you must actually contact Acas within the deadline.
- Dyslexia or other difficulties may be considered, but they do not automatically excuse a delay if you were capable of taking steps in time.
- Not appealing your dismissal can weaken your argument that it was not reasonably practicable to bring a claim on time.
This case shows how unforgiving employment tribunal time limits can be, even when the underlying facts might suggest a potential unfair dismissal. The claimant, a crew member with six years' service, was dismissed for gross misconduct after failing to attend meetings while on long-term sick leave awaiting knee surgery. He did not appeal the dismissal and waited over six months to contact Acas.
What went wrong
The claimant visited the London South Employment Tribunal in May 2022, just weeks after his dismissal, and was advised to contact Acas. Despite this, he did not start early conciliation until 9 November 2022 – more than three months after the primary deadline of 28 July 2022. The tribunal noted that he was able to attend court and use his phone, and his dyslexia did not prevent him from taking the necessary steps. The claim was therefore struck out as out of time.
What the employer did right
McDonald's (represented by counsel) took a pragmatic approach by not pursuing a technical point about the claimant naming the wrong employer on his claim form. However, the key issue was the delay, which the employer successfully argued was unreasonable.
Why this matters
For anyone considering an unfair dismissal claim, the message is clear: time limits are absolute. Even a strong case will be dismissed if you miss the deadline. The tribunal has no discretion to extend time simply because the delay was caused by illness, personal circumstances, or a lack of understanding – unless it was genuinely not reasonably practicable to bring the claim in time. The best advice is to contact Acas immediately after dismissal, even if you are still gathering evidence or seeking advice.
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