Part-time lecturer's unfair dismissal claim thrown out for being too late
A part-time lecturer who waited over a year to bring an unfair dismissal claim after his employment ended due to right-to-work issues has had his case dismissed as out of time.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a part-time lecturer from 1 April 2017 until 28 February 2020.
- The claimant's employment ended because he could not provide evidence of his right to work in the UK.
- The claimant did not submit his claim for unpaid wages until 22 April 2021, over a year after his employment ended.
- The claimant contacted ACAS on 18 November 2021 and presented his claim on 3 December 2021.
- The primary time limit for the unfair dismissal claim expired on 27 May 2020 and for unlawful deductions on 24 June 2020.
Timeline
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Employment started
Claimant began working as a part-time lecturer at De Montfort University.
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Right to work check initiated
Respondent contacted claimant about expired right to work.
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Termination confirmed
Claimant informed that employment would end on 28 February 2020 due to lack of right to work evidence.
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Employment ended
Claimant's employment terminated.
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Wages due
Wages for February 2020 would have been paid if claimed.
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Contacted respondent about BRP
Claimant asked about collecting his biometric residence permit.
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Thesis submitted
Claimant submitted his PhD thesis.
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Raised unpaid wages issue
Claimant first raised issue of unpaid wages with respondent.
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Formal request for payment
Claimant wrote to respondent requesting payment for hours worked.
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ACAS early conciliation started
Claimant contacted ACAS.
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Claim presented
Claimant presented his claim to the Employment Tribunal.
The legal issue
The tribunal had to decide whether the claimant's unfair dismissal and unlawful deductions claims were presented within the statutory time limits, and if not, whether it was reasonably practicable for him to have done so.
The outcome
The tribunal dismissed the claims because they were presented too late.
- The claimant's employment ended on 28 February 2020, but he did not contact ACAS until November 2021 and presented his claim in December 2021 – well over a year after the time limits expired.
- The tribunal found no physical or mental impediment prevented him from claiming on time; he was able to pursue his PhD and contact the university about his right to work during the period.
- No compensation was awarded as the claims were struck out for lack of jurisdiction.
Lessons & takeaways
- Employment tribunal claims must be brought within three months of the dismissal date (or the last deduction from wages) – missing this deadline usually means the case cannot proceed.
- If you think you might have a claim, contact ACAS early conciliation as soon as possible – delays can be fatal even if you have a strong case.
- Being busy with other commitments, such as completing a PhD, is not normally a good reason for missing a tribunal deadline.
- If you are unable to attend a hearing, you should apply for a postponement in advance rather than simply not attending.
- The burden is on the claimant to prove it was not reasonably practicable to claim in time – this is a high bar.
A claim that ran out of time
This case shows how strictly employment tribunals apply time limits. The claimant, a part-time lecturer, was dismissed in February 2020 because he could not provide evidence of his right to work in the UK. He did not bring his unfair dismissal claim until December 2021 – over a year after the three-month time limit had expired.
The tribunal accepted that the claimant had been focused on completing his PhD and had been in Nigeria for part of the period. However, it found that nothing physically or mentally prevented him from lodging his claim on time. He had been able to contact the university about his biometric residence permit and to chase unpaid wages, so he could have raised the employment claim earlier.
What the university did right
De Montfort University argued that the claims were out of time and applied to have them struck out. The tribunal agreed. The key point was that the claimant had not shown any good reason for the delay – and the burden was on him to do so. The university's solicitor successfully demonstrated that the claimant had the capacity to act but simply did not do so in time.
What this means for similar claims
This case is a reminder that employment tribunal deadlines are not flexible. The time limit for unfair dismissal is three months from the effective date of termination (with a short extension for ACAS early conciliation). For unlawful deductions from wages, it is three months from the last deduction. Missing these deadlines is almost always fatal, regardless of the merits of the case. Anyone considering a claim should seek advice and act promptly.
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