65-year-old former employee's redundancy claim dismissed as too late
A tribunal threw out unfair dismissal and age discrimination claims brought 83 days late, finding the claimant had no reasonable excuse for the delay despite having access to ACAS and online resources.
1 min read · Last updated 18 May 2026
Case details
- #redundancy
- #age-discrimination
- #out-of-time
- #acas-advice
- #covid19-furlough
Key facts
- The claimant was dismissed by reason of redundancy on 27 November 2020.
- The claimant was 65 years old at the time of dismissal.
- The claimant presented her claims on 20 May 2021, 83 days after the primary time limit expired on 26 February 2021.
- The claimant had access to ACAS and online resources that mentioned time limits.
- The claimant was represented by a friend with some tribunal experience.
- The tribunal found no reasonable excuse for the delay and dismissed all claims as time-barred.
Timeline
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Furloughed during COVID-19 lockdown
The claimant was furloughed from this date.
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Forewarned of possible redundancy
The claimant was called by her immediate superior and told about the possibility of redundancy.
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At risk meeting
The claimant attended an 'at risk' meeting following the warning.
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First ACAS contact
The claimant consulted ACAS for advice.
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Dismissal effective date
The claimant's employment was terminated by reason of redundancy.
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Appeal concluded
The claimant's internal appeal against dismissal was concluded.
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Primary time limit expiry
The last day for presenting claims within the primary three-month period.
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ACAS advised on time limits
ACAS specifically advised the claimant about time limits, but she was already out of time.
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Claims presented
The claimant presented her claims to the tribunal, 83 days late.
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Preliminary hearing and judgment
The tribunal held a preliminary hearing and dismissed all claims as time-barred.
The legal issue
The tribunal had to decide whether the claimant's unfair dismissal and age discrimination claims were presented within the statutory time limits, and if not, whether time should be extended.
The outcome
The tribunal dismissed the claims as time-barred. The claimant was dismissed by redundancy on 27 November 2020 but did not present her claims until 20 May 2021, 83 days after the primary time limit expired on 26 February 2021.
The tribunal found that the claimant had access to ACAS advice and online resources that mentioned time limits, and that she was represented by a friend with some tribunal experience. It concluded there was no reasonable excuse for the delay.
No compensation was awarded as the claims were dismissed for want of jurisdiction.
Lessons & takeaways
- Employment tribunal claims must be brought within three months of the dismissal or discriminatory act — missing this deadline is fatal unless there is a very good reason.
- Relying on ACAS or online resources is not enough: claimants should actively check time limits and seek legal advice if unsure.
- Having a representative with tribunal experience may work against a claimant if they fail to act promptly, as the tribunal will expect them to know the rules.
- Internal appeals do not extend the time limit for bringing a tribunal claim — you must still file within three months of the dismissal date.
A costly delay
This case is a stark reminder that employment tribunal claims have strict time limits. The former employee, aged 65, was made redundant by Tarmac Trading Ltd in November 2020. She believed her dismissal was unfair and motivated by her age, but she did not present her claims until May 2021 — 83 days after the three-month deadline had passed.
The tribunal accepted that the claimant had been furloughed during the pandemic and had sought advice from ACAS. However, the evidence showed she had access to online resources that clearly stated the time limits. Her representative, a friend with some tribunal experience, also should have been aware of the rules.
What could have been done differently
The claimant could have preserved her rights by filing a claim within three months of her dismissal, even if she was still pursuing an internal appeal. The tribunal noted that ACAS had specifically advised her about time limits in March 2021, but by then the deadline had already passed. Acting sooner — or at least seeking urgent legal advice — would have made all the difference.
Why this matters
This decision shows that tribunals will not extend time limits simply because a claimant is upset, confused, or relying on informal advice. The law sets a high bar for accepting late claims, and ignorance of the rules is not an excuse. For anyone considering a tribunal claim, the message is clear: act quickly, check the deadlines, and if in doubt, get professional advice before the clock runs out.
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