Redundancy claim dismissed after being filed 35 days late
A general maintenance worker with 13 years' service had his unfair dismissal claim thrown out after submitting it 35 days past the deadline. The tribunal ruled it was reasonably practicable for him to have claimed on time.
1 min read · Last updated 18 May 2026
Case details
- #redundancy
- #out-of-time
- #eviction-proceedings
- #reasonably-practicable
- #preliminary-hearing
Key facts
- The claimant was employed as a general maintenance worker from 2009 until 29 July 2022.
- The respondent made the claimant redundant after a consultation process starting in January 2022.
- The claimant was also subject to eviction proceedings regarding accommodation provided by the respondent.
- The claimant submitted his employment tribunal claim on 4 December 2022, 35 days after the deadline.
- The tribunal found it was reasonably practicable for the claimant to have submitted his claim in time.
Timeline
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Employment started
The claimant began working for D R Mead, the respondent's predecessor, in a general maintenance role.
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Transfer to respondent
Following D R Mead's death, the claimant's employment transferred to the respondent with continuity of service.
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Redundancy consultation started
The respondent began a consultation process for redundancy due to changed business needs.
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Redundancy decision letter
The respondent sent a letter terminating the claimant's employment by reason of redundancy with a 12-week notice period.
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First eviction notice
The claimant was served notice to vacate the accommodation under the Assured Shorthold Tenancy.
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Appeal meeting
An appeal meeting was held regarding the redundancy decision.
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Redundancy confirmed on appeal
The respondent confirmed the redundancy decision after the appeal.
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Employment terminated
The claimant's employment ended by reason of redundancy.
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Statutory redundancy payment
The claimant received his statutory redundancy payment.
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ACAS early conciliation started
The claimant commenced early conciliation with ACAS.
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ACAS certificate issued
The early conciliation certificate was issued.
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Deadline for claim
The deadline for submitting the employment tribunal claim expired.
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Claim submitted
The claimant submitted his ET1 claim form to the employment tribunal, 35 days late.
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Eviction order
The claimant was ordered to vacate the property under separate legal action.
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Claimant vacated property
The claimant vacated the accommodation.
The legal issue
The tribunal had to decide whether the claimant's unfair dismissal and related claims were presented in time, and if not, whether it was not reasonably practicable for him to have done so, allowing an extension.
The outcome
The tribunal dismissed all claims as out of time. The key reason was that the claimant had not shown it was not reasonably practicable to present his claim within the three-month deadline. He had access to legal advice and could have submitted the claim earlier, despite the stress of eviction. No compensation was awarded as the claims were struck out.
Lessons & takeaways
- Employment tribunal claims must be submitted within three months of the dismissal date — even if you are dealing with other personal issues.
- If you are facing eviction or other hardships, seek legal advice early to ensure you meet the deadline.
- The 'not reasonably practicable' test is strict; tribunals expect claimants to act promptly and use available support.
- Keep copies of all correspondence and evidence of any attempts to get advice, as these may help if you need to argue for an extension.
A late claim costs a long-serving worker his day in court
A general maintenance worker with 13 years of service lost his chance to challenge a redundancy dismissal after submitting his employment tribunal claim 35 days late. The tribunal ruled that it was reasonably practicable for him to have claimed on time, despite the upheaval of eviction proceedings.
The claimant was made redundant by A Mead & K Hawke Farming after a consultation process that began in January 2022. His employment ended on 29 July 2022, and he also faced eviction from accommodation provided by the farm. The deadline for his tribunal claim was 30 October 2022, but he did not submit it until 4 December 2022.
What the tribunal considered
The tribunal acknowledged the claimant's difficult circumstances — including an eviction order and the stress of losing his home. However, it found that he had access to a lay representative and could have submitted the claim earlier. The fact that he had started ACAS early conciliation in August 2022 showed he was aware of the need to act. The tribunal concluded that the delay was not due to circumstances beyond his control, and refused to extend the time limit.
What this means for similar claims
This case is a stark reminder that employment tribunal deadlines are strict. Even where a claimant faces personal upheaval, the tribunal will expect them to prioritise the claim or seek help to do so. The 'not reasonably practicable' test is a high bar — it requires evidence that it was genuinely impossible to submit on time, not just difficult. Anyone considering a claim should seek advice as soon as possible and not wait until the last minute, especially if other life events are happening simultaneously.
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