Postal worker's unfair dismissal claim struck out after missing deadline due to union advice

A costly misunderstanding of time limits

This case illustrates how a misunderstanding about the time limit for bringing an unfair dismissal claim can have fatal consequences, even when the employee was relying on professional advice. The postal worker was dismissed by Royal Mail for gross misconduct in October 2022. He believed, based on what his trade union representatives told him, that he had three months from the conclusion of his internal appeal to bring a claim. In fact, the statutory deadline is three months from the effective date of termination – the date of dismissal itself.

By the time the claimant discovered the correct position – through a chance conversation between his wife and a friend in mid-January 2023 – the deadline had already passed. He immediately contacted ACAS and presented his claim, but it was too late. The tribunal had to decide whether it was not reasonably practicable for him to have presented the claim in time, which would have allowed a late claim to proceed.

What the tribunal decided

The tribunal accepted that the claimant had been given incorrect advice by his union representatives and that he was a credible witness. However, the legal test is not simply whether the employee was misled. The key question is whether it was reasonably practicable for the employee to have discovered the correct time limit and presented the claim on time. The tribunal found that the claimant could have taken steps to verify the deadline – for example, by contacting ACAS or a solicitor – especially once his daughter's serious illness had resolved in early January. The fact that he did not do so meant that the delay was not excusable.

What this means for similar claims

This case is a reminder that the time limit for unfair dismissal is strict and that ignorance or reliance on incorrect advice will not automatically extend it. Employees who are dismissed should check the deadline themselves as soon as possible, and not assume that their union or employer will get it right. If you are in any doubt, contact ACAS early conciliation immediately – it is free and can be done before an internal appeal is concluded. The cost of missing the deadline is that your claim may be struck out entirely, regardless of its merits.