Dismissed but too late to claim: time limit missed by a week
A former employee's unfair dismissal claim was dismissed after he presented it one week late and failed to explain the delay or attend the hearing.
1 min read · Last updated 18 May 2026
Case details
- #out-of-time
- #non-attendance
- #acas-extension
- #summary-dismissal
Key facts
- The claimant was orally summarily dismissed on 11 October 2022.
- The primary time limit for presenting an unfair dismissal claim expired on 10 January 2023.
- The claimant first contacted ACAS on 18 January 2023, one week outside the primary time limit.
- The claimant did not attend the preliminary hearing and provided no explanation for the delay.
- The claimant had started new employment on 27 November 2022 and was capable of sending an email on 14 April 2023.
Timeline
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Summary dismissal
The claimant was orally summarily dismissed.
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Dismissal confirmed in writing
The dismissal was confirmed by a follow-up letter.
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New employment started
The claimant began new employment.
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Primary time limit expired
The three-month time limit for presenting an unfair dismissal claim expired.
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ACAS early conciliation started
The claimant first contacted ACAS, one week outside the primary time limit.
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Notice of hearing sent
The tribunal sent notice of the preliminary hearing to the claimant.
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Respondent sent bundle and agenda
The respondent sent the bundle, agenda and list of issues to the claimant.
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Claimant emailed tribunal
The claimant emailed the tribunal at 16.45 saying he would not attend, without explanation.
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Preliminary hearing
The tribunal held a preliminary hearing to decide whether the claim was presented in time. The claimant did not attend.
The legal issue
Whether the former employee presented his unfair dismissal claim within the three-month time limit, and if not, whether it was not reasonably practicable for him to do so and he presented it within a reasonable further time.
The outcome
The tribunal dismissed the claim as out of time.
The former employee was summarily dismissed on 11 October 2022, meaning the deadline to bring an unfair dismissal claim was 10 January 2023. He first contacted ACAS on 18 January 2023 – one week late – and filed his claim after that. He did not attend the preliminary hearing and gave no explanation for the delay.
No compensation was awarded as the claim was struck out.
Lessons & takeaways
- The three-month time limit for unfair dismissal claims runs from the date of dismissal, not from when you receive written confirmation.
- Contacting ACAS after the primary time limit has expired does not extend the deadline – you must start early conciliation before the limit runs out.
- If you miss the deadline, you must show it was not reasonably practicable to claim in time – a bare assertion is not enough; you need evidence and a credible explanation.
- Failing to attend a preliminary hearing without a good reason can lead to the claim being dismissed in your absence.
This case is a stark reminder that employment tribunal claims have strict time limits that are rarely extended. The former employee was summarily dismissed on 11 October 2022, giving him until 10 January 2023 to present his unfair dismissal claim. He first contacted ACAS on 18 January – just one week late – but that was enough to put his claim outside the legal window.
What went wrong
The tribunal noted that the former employee started a new job on 27 November 2022 and was able to send an email on 14 April 2023, so he was not incapacitated. He did not attend the preliminary hearing and offered no explanation for the delay, despite being warned that the hearing would proceed in his absence. The burden was on him to show it was not reasonably practicable to claim in time, and he provided nothing.
What the employer did
First Transpennine Express Ltd was represented by counsel and prepared a bundle and agenda for the hearing. The tribunal proceeded in the former employee's absence, as allowed under Rule 47, to avoid unfairness to the respondent.
Why this matters
For anyone considering an unfair dismissal claim, the key lesson is to act quickly. The three-month clock starts ticking from the effective date of termination – not from when you receive a letter or when ACAS early conciliation ends. If you miss the deadline by even a few days, you will need a very good reason to persuade a tribunal to hear your case. Silence and non-attendance are almost certain to result in dismissal.
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