Support worker's unfair dismissal claim thrown out after missing time limit by two months
A support worker who missed the three-month deadline to bring an unfair dismissal claim because her legal representative failed to act in time has had her case dismissed. The tribunal ruled it was reasonably practicable for her to have filed on time.
1 min read · Last updated 18 May 2026
Case details
- #gross-misconduct
- #time-limits
- #internal-appeal
- #legal-representative-negligence
- #chemotherapy
- #high-blood-pressure
Key facts
- The claimant was employed as a support worker from 15 April 2019 to 13 October 2022.
- She was dismissed for gross misconduct on 13 October 2022.
- She contacted ACAS on 31 January 2023, after the three-month time limit had expired.
- Her legal representative, Mr Tampuri, admitted negligence in not filing the claim in time.
- The tribunal found it was reasonably practicable for the claimant to have brought her claims in time.
Timeline
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Employment started
Claimant began working as a support worker at Acorn Care Home.
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Dismissal
Claimant was dismissed for gross misconduct. Effective date of termination.
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Became aware of tribunal process
Claimant learned about employment tribunals from Mr Tampuri, whom she consulted for immigration advice.
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Internal appeal lodged
Tamsons Legal Services lodged an internal appeal on behalf of the claimant.
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Appeal hearing
Internal appeal hearing took place.
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Appeal dismissed
Respondent upheld the dismissal decision.
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Time limit expired
Three-month deadline for presenting claims expired.
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ACAS contacted
Claimant contacted ACAS for early conciliation.
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ACAS certificate issued
Early conciliation certificate issued.
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Claim presented
Claimant's representative submitted the claim to the tribunal, which was accepted.
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Preliminary hearing
Hearing to determine whether claims were brought in time.
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Judgment issued
Tribunal found it had no jurisdiction as claims were out of time.
The legal issue
The tribunal had to decide whether the claimant's unfair dismissal, wrongful dismissal, and unauthorised deductions claims were presented within the three-month time limit, and if not, whether it was reasonably practicable for her to have done so.
The outcome
The tribunal dismissed all claims because they were brought outside the three-month time limit and it was reasonably practicable for the claimant to have presented them in time.
Key reasons:
- The claimant became aware of the employment tribunal process in November 2022, yet did not contact ACAS until 31 January 2023, over two months after the deadline expired.
- Although she was unwell with high blood pressure, the tribunal found she was still able to travel to appointments and could have contacted her legal advisor or ACAS earlier.
- Her legal representative's negligence did not make it impracticable for her to bring the claim in time, as she could have sought advice elsewhere.
No compensation was awarded as the claims were dismissed.
Lessons & takeaways
- Time limits for unfair dismissal claims are strict: you have three months from the effective date of termination to present your claim to the tribunal.
- Relying solely on a legal representative to file your claim does not excuse missing the deadline if you could have taken steps yourself.
- Illness may not automatically extend the time limit if you are still able to perform basic tasks like making phone calls or travelling to appointments.
- If you are unsure about deadlines, contact ACAS or a solicitor early—waiting for an internal appeal to conclude can eat into the time limit.
- Keep a record of when you first sought advice and what you were told about time limits; this can be crucial if you later argue it was not reasonably practicable to file on time.
This case shows how unforgiving employment tribunal time limits can be, even when the delay is caused by a legal representative's negligence. The claimant, a support worker with three years' service, was dismissed for gross misconduct in October 2022. She consulted a legal representative in November 2022 for immigration advice, and he also began advising on her employment situation. However, he did not lodge her tribunal claim until February 2023, well past the 13 January deadline.
What went wrong
The tribunal accepted that the claimant was unwell with high blood pressure and undergoing chemotherapy, but found she was still capable of contacting ACAS or seeking other advice. Crucially, she had access to the internet and was able to travel to medical appointments. The tribunal noted that she was advised to 'conclude the internal appeal process' before going to tribunal, but that did not stop her from starting the tribunal process in time. The representative's failure to act was not a valid excuse because the claimant could have taken steps herself.
Why the result matters
This decision reinforces that the 'reasonably practicable' test is a high bar. Claimants cannot simply blame their representative and expect extra time. The tribunal will look at what the claimant personally knew and could have done. Here, the claimant knew about the tribunal process from November 2022 and had over two months before the deadline, yet did nothing until after it expired. The case also highlights the risk of relying on a non-specialist representative: the claimant's representative was a non-practising barrister who admitted negligence, but that did not save the claim.
For anyone considering a tribunal claim, the lesson is clear: act quickly, seek specialist advice early, and do not assume that an internal appeal or a representative will handle everything. The time limit runs from the date of dismissal, not from the end of any appeal process.
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