Dismissed for gross misconduct but claim struck out for missing time limit
A ductwork manufacturer with 11 years' service had his unfair dismissal claim struck out after he missed the three-month time limit by nearly two months, despite his father's death.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed from 1 November 2010 until dismissal on 9 December 2021.
- The claimant was dismissed summarily for gross misconduct, which he denies.
- The claimant contacted ACAS for early conciliation on 30 March 2022, after the normal time limit had expired.
- The claimant presented his claim to the tribunal on 6 May 2022.
- The claimant did not allege that his dismissal was due to disability discrimination.
Timeline
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Employment started
The claimant began working for the respondent as a ductwork manufacturer.
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Dismissal
The claimant was dismissed summarily for alleged gross misconduct.
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Appeal hearing (part 1)
The claimant attended the first part of an internal appeal hearing, which was not concluded.
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Father's death
The claimant's father passed away.
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Normal time limit expired
The three-month time limit for presenting claims expired.
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ACAS early conciliation started
The claimant contacted ACAS for early conciliation, after the time limit had expired.
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ACAS certificate issued
The claimant received his early conciliation certificate.
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Claim presented
The claimant presented his claim form to the Employment Tribunal.
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Preliminary hearing
The tribunal held a preliminary hearing to determine whether the claims were in time.
The legal issue
The tribunal had to decide whether the claimant's unfair dismissal, breach of contract, and disability discrimination claims were presented within the applicable time limits, and if not, whether time should be extended.
The outcome
The tribunal struck out all three claims because they were presented outside the three-month time limit and there was no reasonable excuse for the delay.
The claimant was dismissed on 9 December 2021. The normal time limit expired on 8 March 2022, but he did not contact ACAS until 30 March 2022 and presented his claim on 6 May 2022 – nearly two months late.
No compensation was awarded because the tribunal had no jurisdiction to hear the claims.
Lessons & takeaways
- The three-month time limit for unfair dismissal claims starts from the effective date of termination – mark it on your calendar and act well before it expires.
- If you are pursuing an internal appeal, do not assume this pauses the time limit – you must still present your claim to the tribunal within three months.
- Personal circumstances such as bereavement may be considered, but you must show that it was not reasonably practicable to present the claim in time and that you acted as soon as you could.
- Contact ACAS early conciliation as soon as possible – it can extend the time limit, but only if you start it before the three-month deadline expires.
A costly delay
This case shows how strictly employment tribunals apply time limits, even when an employee has a long service record and a potentially strong case. The claimant, a ductwork manufacturer with 11 years' service, was summarily dismissed for alleged gross misconduct in December 2021. He disputed the allegations and pursued an internal appeal, but the appeal hearing was not concluded. He then experienced a family tragedy – his father died in March 2022.
By the time he contacted ACAS for early conciliation on 30 March 2022, the three-month time limit for presenting an unfair dismissal claim had already expired on 8 March 2022. He presented his claim form on 6 May 2022, nearly two months late.
What the tribunal decided
The tribunal considered two different tests for the time limits. For unfair dismissal and breach of contract, the test is whether it was 'not reasonably practicable' to present the claim in time. For disability discrimination, the test is whether it is 'just and equitable' to extend time. The claimant did not argue that his dismissal was due to disability discrimination, so that claim was also out of time.
The tribunal found that the claimant was aware of his right to bring a claim – he had consulted ACAS and had access to legal advice. His father's death was a difficult event, but the tribunal noted that the time limit had already expired before his father died, and the claimant had not explained why he could not have presented the claim earlier. The delay after the time limit expired was also not adequately explained.
What this means for similar claims
This case is a reminder that time limits are absolute in employment tribunals. An internal appeal does not stop the clock. If you are dismissed, you should seek advice immediately and aim to present your claim well before the three-month deadline. Personal circumstances may be taken into account, but you must show that you did everything reasonably possible to meet the deadline and that the delay was not your fault. Missing the deadline by even a few weeks can mean losing the right to bring any claim at all.
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