Dismissed after 18 years: claim thrown out for being four days late
An employment tribunal dismissed an unfair dismissal claim from a team manager with 18.5 years' service because it was presented just four days after the deadline. The key issue was the effective date of termination.
1 min read · Last updated 18 May 2026
Case details
- #effective-date-of-termination
- #summary-dismissal
- #payment-in-lieu-of-notice
- #legal-representation
- #misleading-correspondence
Key facts
- The claimant was summarily dismissed on 16 December 2021 during a meeting.
- The claimant received a dismissal letter dated 22 December 2021 stating termination with immediate effect.
- The claimant's contract required notice to be in writing.
- The claimant had legal representation from a firm of solicitors since November 2021.
- The claim was presented on 29 April 2022, four days after the extended deadline of 25 April 2022.
- The tribunal found the effective date of termination was 16 December 2021.
Timeline
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Disciplinary hearing
A disciplinary hearing was held regarding the claimant's conduct.
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Summary dismissal
The claimant was informed during a meeting that he was dismissed immediately with pay in lieu of notice.
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Dismissal letter
The claimant received a letter confirming dismissal with immediate effect, dated 22 December 2021.
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ACAS early conciliation started
The claimant initiated the ACAS early conciliation process.
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ACAS early conciliation ended
The ACAS process ended.
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Extended deadline for claim
The extended deadline for presenting the claim, accounting for ACAS conciliation, was 25 April 2022.
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Claim presented
The claimant presented his claim for unfair dismissal and breach of contract.
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Preliminary hearing
A preliminary hearing was held regarding without prejudice privilege.
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Substantive hearing day 1
The tribunal heard evidence from the respondent's witnesses.
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Substantive hearing day 2
The tribunal heard submissions on time limits and gave oral judgment.
The legal issue
The tribunal had to determine the effective date of termination and whether it was reasonably practicable for the claimant to present his unfair dismissal and breach of contract claims within the time limits.
The outcome
The tribunal dismissed the claimant's claims for unfair dismissal and breach of contract because they were presented outside the time limits.
- The effective date of termination was 16 December 2021, when the claimant was summarily dismissed during a meeting, not 22 December 2021 when the dismissal letter was sent.
- The extended deadline for presenting the claim (accounting for ACAS early conciliation) was 25 April 2022.
- The claim was presented on 29 April 2022, four days late.
- The tribunal found it was reasonably practicable for the claim to be presented on time, especially given that the claimant had legal representation from November 2021.
- No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- Know your effective date of termination: it is usually the date you are told you are dismissed, not the date of any follow-up letter.
- If you have legal representation, the tribunal will expect them to know and meet deadlines — ignorance of the law is not a good excuse.
- The time limit for unfair dismissal claims is three months minus one day from the effective date of termination, plus any extension from ACAS early conciliation.
- Check your contract: if it requires notice to be in writing, a summary dismissal may still take effect immediately if you are told verbally.
- Don't assume the date on a dismissal letter is the termination date — the tribunal will look at when the decision was communicated.
Four days too late
A team manager with 18.5 years' service at Minster Law Limited lost his unfair dismissal claim because his legal team filed the claim just four days after the deadline. The case shows how crucial it is to get the effective date of termination right.
The manager was summarily dismissed during a meeting on 16 December 2021. He received a letter dated 22 December 2021 confirming the dismissal. His solicitors, who had been instructed since November 2021, presented the claim on 29 April 2022. The extended deadline, after ACAS early conciliation, was 25 April 2022.
What the tribunal decided
The tribunal ruled that the effective date of termination was 16 December 2021 — the date the manager was told he was dismissed — not the date of the letter. That meant the claim was four days late. The tribunal also found it was reasonably practicable to present the claim on time, especially given that the manager had legal representation. The claim was therefore dismissed.
The case highlights a common trap: employees often assume the termination date is the date on a letter, but the law looks at when the decision was communicated. If you are dismissed verbally, that date is likely to be the effective date of termination, even if a letter follows later.
What could have been done differently
Minster Law Limited could have raised the time limit issue earlier, but the tribunal noted it was the claimant's responsibility to check the deadline. The manager's solicitors could have calculated the deadline from 16 December 2021 if they had considered the possibility that the verbal dismissal was the effective date.
For anyone considering a tribunal claim, this case is a stark reminder: act quickly, check your dates, and if in doubt, present the claim early. Missing a deadline by even a few days can be fatal to your case, regardless of the strength of your underlying claim.
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