Dismissed for timesheet falsification: claim thrown out despite tribunal finding unfair dismissal
An occupational therapy instructor who was unfairly dismissed for gross misconduct saw his claim dismissed because he presented it too late. The tribunal found he could have brought it in time.
2 min read · Last updated 18 May 2026
Case details
- #gross-misconduct
- #counter-fraud-investigation
- #delayed-appeal
- #jurisdiction-out-of-time
- #acas-early-conciliation
- #timesheet-falsification
Key facts
- The claimant was dismissed for gross misconduct on 13 February 2020.
- The claimant presented his claim on 30 September 2020, over four months after the three-month time limit.
- The claimant engaged in early conciliation on 2 September 2020, after the time limit had expired.
- The respondent did not raise the jurisdiction issue until after the liability hearing.
- The Tribunal found it was reasonably practicable for the claimant to have presented his claim in time.
- The claimant's claims were dismissed for lack of jurisdiction.
Timeline
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Employment start
Claimant started work as an Occupational Therapy Technical Instructor.
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Last bank shift
Claimant worked his last bank shift for the smoke free team.
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Counter fraud report
Counter fraud produced an interim report finding six timesheets with false signatures.
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Claimant informed of investigation
Claimant was first informed of the investigation into his timesheets.
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Dismissal
Claimant was summarily dismissed for gross misconduct.
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Appeal lodged
Claimant appealed the dismissal by email.
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Appeal hearing
Appeal hearing took place; dismissal upheld.
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Early conciliation started
Claimant began early conciliation with Acas.
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Claim presented
Claimant presented his claim to the Employment Tribunal.
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Liability hearing
Employment Judge Wright found the dismissal unfair and wrongful.
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Jurisdiction hearing
Employment Judge Barker dismissed the claims as out of time.
The legal issue
The tribunal had to decide whether it had jurisdiction to hear the claimant's unfair and wrongful dismissal claims, given that they were presented over four months after the three-month deadline and the claimant had not started Acas early conciliation in time.
The outcome
The Employment Tribunal dismissed the claimant's unfair dismissal and wrongful dismissal claims for lack of jurisdiction.
The key reason was that the claimant presented his claim on 30 September 2020, more than four months after the 12 May 2020 deadline. He did not start early conciliation until 2 September 2020, after the time limit had expired. The tribunal found it was reasonably practicable for him to have brought his claim in time, so no extension was granted.
No compensation was awarded as the claims were dismissed at the jurisdiction stage.
Lessons & takeaways
- The three-month time limit for bringing an unfair dismissal claim starts from the effective date of termination, not from the date you receive the appeal outcome.
- If you are unsure of the correct termination date, check your dismissal letter and seek legal advice promptly – waiting for an appeal does not pause the clock.
- Acas early conciliation must be started before the time limit expires; starting it after the deadline will not save an out-of-time claim.
- Even if the respondent does not raise the time limit issue, the tribunal can and will consider it of its own motion.
- If you rely on incorrect advice from a solicitor about the deadline, your remedy may be against the solicitor, not an extension of time from the tribunal.
A case that was won, then lost on a technicality
This case illustrates a harsh reality of employment tribunal claims: even if you have a strong case on the merits, missing the time limit can be fatal. The claimant, an occupational therapy technical instructor with 2.5 years' service, was summarily dismissed in February 2020 after an investigation found he had submitted timesheets with false signatures. At a liability hearing in October 2021, the tribunal found the dismissal was both unfair and wrongful. But the victory was short-lived.
The time limit trap
The claimant believed his termination date was 28 July 2020 – the date of the draft appeal outcome letter. He started Acas early conciliation on 2 September 2020 and presented his claim on 30 September 2020. However, the actual dismissal date was 13 February 2020, meaning the three-month deadline expired on 12 May 2020. The tribunal found that it was reasonably practicable for the claimant to have known the correct date and to have brought his claim in time. The fact that he was waiting for his appeal outcome did not justify the delay.
What the respondent could have done differently
The respondent did not raise the jurisdiction issue until after the liability hearing, despite being legally represented throughout. If the trust had flagged the time issue earlier, the claimant might have avoided the cost and stress of a full hearing. For employers, this case is a reminder to check time limits at the earliest opportunity – not doing so can waste tribunal resources and create false expectations for the claimant.
Why this matters for similar claims
For employees, the lesson is clear: the clock starts ticking from the day you are dismissed, not from the date you receive the appeal decision. If you intend to challenge a dismissal, seek legal advice immediately and do not assume that an internal appeal will extend the tribunal deadline. The tribunal has discretion to extend time only if it was not reasonably practicable to present the claim in time – and waiting for an appeal outcome is rarely a sufficient reason.
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