Pharmacist's unfair dismissal claim thrown out for being too late
A pharmacist who resigned and later claimed unfair dismissal had her case dismissed because she missed the three-month time limit. The tribunal said ignorance of the law was not a good enough excuse.
2 min read · Last updated 18 May 2026
Case details
- #unfair-dismissal
- #time-limit
- #jurisdiction
- #holiday-pay
- #ignorance-of-law
Key facts
- The claimant was employed as a pharmacist from 1 August 2019 until 24 September 2021.
- The claimant resigned on 24 September 2021.
- Early conciliation started on 3 April 2022 and ended on 8 April 2022.
- The claim form was presented on 18 April 2022.
- The claimant did not know there was a time limit for her unfair dismissal claim.
- The holiday pay claim was dismissed by agreement as all owed holiday pay had been paid.
Timeline
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Employment started
The claimant began employment as a pharmacist with the respondent.
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Resignation
The claimant resigned from her employment.
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Time limit deadline
The claimant should have contacted ACAS by this date to be within the three-month time limit for unfair dismissal.
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Holiday pay agreement
The respondent agreed to pay outstanding holiday pay in March 2022.
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Early conciliation started
The claimant contacted ACAS to start early conciliation.
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Early conciliation ended
Early conciliation certificate was issued.
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Claim form presented
The claimant presented her claim to the Employment Tribunal.
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Holiday pay paid
The respondent paid the outstanding holiday pay in May 2022.
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Preliminary hearing
The Tribunal held a preliminary hearing to consider the time limit issue.
The legal issue
The tribunal had to decide whether the claimant's unfair dismissal claim was presented within the statutory time limit, and if not, whether it was reasonably practicable for her to have done so.
The outcome
The tribunal dismissed the unfair dismissal claim as out of time. The claimant resigned on 24 September 2021, meaning she should have contacted ACAS by 23 December 2021. She did not start early conciliation until 3 April 2022, and presented her claim on 18 April 2022.
The claimant argued she did not know about the time limit and was waiting for her holiday pay to be resolved. The tribunal held that ignorance of the law is not a sufficient reason to extend the time limit. The holiday pay claim was dismissed by agreement as it had been paid in full.
No compensation was awarded as the claim was dismissed for lack of jurisdiction.
Lessons & takeaways
- The time limit for unfair dismissal claims is three months from the effective date of termination (minus one day), including early conciliation requirements.
- Ignorance of the time limit is not a valid excuse – employees are expected to make enquiries about their rights.
- Waiting for a separate issue (like holiday pay) to be resolved does not pause the time limit for an unfair dismissal claim.
- If you think you have a claim, seek advice or contact ACAS as soon as possible, even if other matters are still ongoing.
This case is a stark reminder that employment tribunal claims have strict deadlines that cannot be ignored, even if the employee is unaware of them. The claimant, a pharmacist, resigned in September 2021 but did not bring her unfair dismissal claim until April 2022, over three months late. She told the tribunal she simply did not know there was a time limit and was waiting for her holiday pay to be sorted out.
What went wrong
The tribunal accepted that the claimant genuinely did not know about the time limit, but that was not enough. Employment judges have long held that ignorance of the law is not a valid reason for missing the deadline. The claimant could have made enquiries – for example, by contacting ACAS or a solicitor – at any point after her resignation. By waiting until the holiday pay issue was resolved, she lost her chance to bring the unfair dismissal claim.
The respondent, Osbon Ltd, argued that the delay was significant and there was no good reason to extend time. The tribunal agreed, noting that the claimant had not been misled by the employer, was not in an internal appeal process, and had not received bad legal advice. The claim was therefore dismissed for lack of jurisdiction.
What this means for similar claims
Anyone considering an unfair dismissal claim should act quickly. The three-month clock starts ticking from the effective date of termination – usually the last day of work. It is not enough to rely on waiting for other issues to be resolved, such as outstanding pay. If you are unsure about your rights, seek advice immediately. ACAS early conciliation must also be started before the deadline, and it can extend the time limit slightly, but only if you begin the process in time.
This case also shows that tribunals will not accept a 'wait and see' approach. If you believe you have been unfairly dismissed, do not delay – the tribunal will not forgive a late claim simply because you did not know the rules.
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