Redundancy claim dismissed after ACAS contact missed deadline by months
A help to claim advisor who was made redundant after a TUPE transfer had her unfair dismissal and discrimination claims thrown out because she contacted ACAS four months after her dismissal, well beyond the three-month time limit.
2 min read · Last updated 18 May 2026
Case details
- #out-of-time
- #jurisdiction
- #tupe-transfer
- #redundancy
- #dyslexia
- #previous-tribunal-experience
Key facts
- The claimant was employed as a help to claim advisor from 24 March 2019 until 31 March 2022 when her employment transferred to the second respondent under TUPE.
- The second respondent dismissed the claimant by reason of redundancy on 21 April 2022.
- The claimant had previously brought Employment Tribunal proceedings in 2017 and was aware of time limits.
- The claimant contacted ACAS on 27 July 2022, after the three-month time limit had expired.
- The claimant did not provide medical evidence to support her claim of ill health preventing her from bringing claims in time.
Timeline
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Employment started
Claimant began working for the first respondent as a help to claim advisor.
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TUPE transfer notified
Claimant was informed that her employment would transfer to the second respondent on 31 March 2022.
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Transfer confirmed
Following consultation, the claimant's transfer to the second respondent was confirmed.
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TUPE transfer effective
Claimant's employment transferred to the second respondent.
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Grievance raised
Claimant raised a grievance with the first respondent regarding the TUPE process.
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Dismissal
Second respondent terminated claimant's employment by reason of redundancy.
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Grievance meeting
Claimant attended a grievance meeting with the first respondent.
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Grievance appeal determined
Claimant's grievance appeal was determined in her absence; outcome emailed on 28 June 2022.
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ACAS early conciliation started
Claimant contacted ACAS for early conciliation in respect of both respondents.
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Early conciliation certificates issued
ACAS issued early conciliation certificates for both respondents.
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Claim presented
Claimant presented her claim to the Employment Tribunal.
The legal issue
The tribunal had to decide whether the claimant's unfair dismissal, race discrimination, and disability discrimination claims were brought within the legal time limits, and if not, whether an extension of time should be granted.
The outcome
The tribunal dismissed all claims because they were presented too late.
- The claimant's effective date of termination was 21 April 2022, meaning the deadline for unfair dismissal was 20 July 2022 (after adding ACAS conciliation time). She did not contact ACAS until 27 July 2022.
- For discrimination claims, the deadline was 20 July 2022 as well; she missed that too.
- The claimant argued she was ill and had dyslexia, but provided no medical evidence. She had previously brought tribunal claims and was aware of time limits.
- The tribunal concluded it was reasonably practicable for her to have presented her claims in time, and therefore did not extend the deadline.
Lessons & takeaways
- Always note the strict three-month time limit for unfair dismissal and discrimination claims – it starts from the date of dismissal or the last act of discrimination.
- If you need to use ACAS early conciliation, remember it pauses the clock, but you must still start the process before the three months expire.
- Ill health can be a reason for missing a deadline, but you must provide medical evidence to support it – a bare assertion is not enough.
- If you have previous experience with employment tribunals, the tribunal will expect you to know the time limits and act accordingly.
- When your employment transfers under TUPE, the new employer becomes responsible for any dismissal – but the time limits still run from the date of dismissal.
A missed deadline that cost everything
This case shows how unforgiving employment tribunal time limits can be, even for someone who had been through the tribunal process before. The claimant, a help to claim advisor with three years' service, was made redundant shortly after her employment transferred to a new organisation under TUPE. She felt the redundancy was unfair and also alleged race and disability discrimination. But by the time she contacted ACAS – the first step in bringing a tribunal claim – the three-month window had already closed.
The claimant argued that ill health and dyslexia made it not reasonably practicable for her to present her claim in time. However, she provided no medical evidence to support this. The tribunal noted that she had previously brought tribunal proceedings in 2017 and was therefore aware of the strict time limits. Without evidence of a genuine inability to act, the tribunal found that it was reasonably practicable for her to have presented her claim on time.
What the employer did right
Epping Forest District Citizens Advice Bureau and the second respondent successfully argued that the claims were out of time. They pointed out that the claimant had been able to raise a grievance and attend meetings during the relevant period, which undermined her claim of incapacity. The tribunal agreed, noting that the claimant had not explained why she could pursue a grievance but not a tribunal claim.
Why this matters
For anyone considering an unfair dismissal or discrimination claim, the message is clear: time is of the essence. The three-month limit runs from the effective date of termination (for unfair dismissal) or the last act of discrimination. If you need ACAS early conciliation, you must start it before the deadline – not after. And if you rely on ill health as a reason for delay, you must back it up with medical evidence. This case is a reminder that tribunals will not extend time without a solid, evidenced reason.
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