Unfair dismissal claim struck out: waiting for internal appeal and personal tragedy didn't extend time limit
A 12-year employee who waited until after his internal appeal to bring an unfair dismissal claim was out of time. The tribunal rejected arguments that his wife's stillbirth and his own ignorance of procedure made it not reasonably practicable to claim earlier.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was summarily dismissed for gross misconduct on 18 March 2022.
- ACAS conciliation began on 5 July 2022 and the certificate was issued on 7 July 2022.
- The ET1 was presented on 7 July 2022.
- The claimant's internal appeal was unsuccessful.
- The claimant's father passed away in August 2021, and his wife had a stillbirth in late May or early June 2022.
Timeline
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Employment started
The claimant started working for the respondent.
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Father's death
The claimant's father passed away from Covid.
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Claimant had Covid
The claimant contracted Covid-19.
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Returned to UK
The claimant returned to the UK to work at a different branch.
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Summary dismissal
The claimant was summarily dismissed for gross misconduct.
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Appeal outcome
The claimant's internal appeal was unsuccessful.
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Wife's stillbirth
The claimant's wife had a stillbirth in late May or early June 2022.
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ACAS conciliation began
ACAS early conciliation started.
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ET1 presented
The claimant presented his claim to the tribunal.
The legal issue
The tribunal had to decide whether the unfair dismissal claim was presented within the statutory time limit (three months from dismissal, plus early conciliation extension). If not, it had to decide whether it was not reasonably practicable for the claimant to present it in time, and if so, whether it was presented within a reasonable period thereafter.
The outcome
The tribunal struck out the claim for unfair dismissal because it was presented out of time.
- The claimant was dismissed on 18 March 2022. ACAS conciliation began on 5 July 2022 and the ET1 was presented on 7 July 2022. The three-month time limit (including the early conciliation extension) expired long before that.
- The claimant argued it was not reasonably practicable to claim in time because: (1) he was awaiting the outcome of his internal appeal; (2) his wife had a stillbirth in late May/early June 2022; (3) he had Covid in October 2021; (4) his father died in August 2021; and (5) he was ignorant of tribunal procedure.
- The tribunal rejected all these arguments. The internal appeal did not excuse the delay; the personal tragedies did not prevent him from claiming earlier; and his ignorance was not reasonable given he could have sought advice.
- No compensation was awarded as the claim was struck out for lack of jurisdiction.
Lessons & takeaways
- The three-month time limit for unfair dismissal claims is strict — waiting for an internal appeal outcome does not extend it, so present a claim to protect your position even if an appeal is pending.
- Personal tragedies, while distressing, will only excuse a delay if they actually prevented you from claiming in time; you must provide clear evidence of how they affected your ability to act.
- Ignorance of employment tribunal procedure is rarely a valid excuse — tribunals expect you to seek advice from ACAS, a solicitor, or a citizens advice bureau within the time limit.
- If you have a potential claim, act promptly: the clock starts ticking from the effective date of termination, not from when your appeal is decided.
This case is a stark reminder that employment tribunal time limits are unforgiving, even for long-serving employees facing personal tragedy. The claimant, an assistant restaurant general manager with 12 years' service, was summarily dismissed for gross misconduct in March 2022. He waited until after his internal appeal was rejected in May 2022, and then until July 2022, to begin ACAS conciliation and present his claim. By then, the three-month window (plus the early conciliation extension) had closed.
Why the tribunal rejected the excuses
The claimant pointed to a series of devastating events: his father's death from Covid in August 2021, his own Covid illness in October 2021, and his wife's stillbirth in late May or early June 2022. He also said he was waiting for his appeal outcome and was ignorant of the tribunal process. The tribunal accepted these events happened but found they did not make it 'not reasonably practicable' to claim in time. The key point was that there was a significant period — several weeks — between the dismissal in March and the stillbirth in late May during which the claimant could have acted. He did not. The tribunal also noted that waiting for an internal appeal is not a valid reason to delay, following long-established case law.
What the employer did right
Splendid Restaurants (Colonel) Ltd did not need to defend the merits of the dismissal because the claim was struck out on time grounds. However, the case shows that employers facing a late claim should always check the dates carefully. The respondent here agreed the chronology and argued the time point, which succeeded.
What this means for similar claims
For anyone considering an unfair dismissal claim, the lesson is clear: act within three months of your dismissal, even if you are pursuing an internal appeal or dealing with personal difficulties. If you cannot manage alone, seek advice from ACAS or a solicitor immediately. The tribunal's sympathy for the claimant's personal tragedies did not override the strict legal time limit.
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