Unfair dismissal claim thrown out after being filed seven weeks late
A former employee's unfair dismissal claim against Southcoast Scaffolding Limited was dismissed because the claim form arrived at the tribunal over seven weeks after the deadline, and the tribunal found no reasonable excuse for the delay.
1 min read · Last updated 18 May 2026
Case details
- #preliminary-issue
- #time-limit
- #reasonably-practicable
- #representative-fault
- #acas-early-conciliation
Key facts
- The claimant left employment on 5 August 2019.
- ACAS early conciliation was notified on 30 October 2019 and certificate issued on 18 November 2019.
- The ET1 claim form was received by the Tribunal on 3 February 2020, over seven weeks late.
- The claimant relied on his accountant, Ms Satterthwaite, to submit the claim, but she did not do so in time.
- The claimant gave inconsistent accounts about Ms Satterthwaite's role.
- The claimant's only explanation for the delay was grief from his son's death in 2017.
Timeline
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Son's death
The claimant's son died by suicide, an event the claimant later cited as affecting his ability to submit the claim.
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Employment ended
The claimant left his employment with Southcoast Scaffolding Limited. The claimant says he was dismissed; the respondent says he resigned.
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ACAS notified
The claimant notified ACAS of his claim, within the three-month time limit.
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ACAS certificate issued
ACAS issued the early conciliation certificate.
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Alleged posting of ET1
Ms Satterthwaite's post book shows an entry for posting documents to HMCTS on this date, but the Tribunal did not accept this as proof of posting.
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Deadline for claim
The last date for presenting the claim to the Tribunal, taking into account the ACAS extension.
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ET1 received
The Tribunal received the ET1 claim form, over seven weeks late.
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Preliminary hearing
The Tribunal held a remote hearing to determine whether it had jurisdiction to hear the unfair dismissal claim.
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Judgment issued
Employment Judge Henderson ruled that the claim was out of time and the Tribunal had no jurisdiction.
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Reconsideration application
The claimant applied for reconsideration, which was refused on 27 September 2021.
The legal issue
The tribunal had to decide whether the unfair dismissal claim was filed within the legal time limit (including the ACAS early conciliation extension) and, if not, whether it should extend the deadline because it was not reasonably practicable for the claimant to file on time.
The outcome
The tribunal decided that the claim was out of time and refused to extend the deadline.
The key reason was that the claimant relied on his accountant to file the claim, but she did not do so in time. The claimant gave inconsistent accounts about her role and did not provide evidence that he had given clear instructions or checked on progress. The tribunal also noted that the claimant's grief over his son's death in 2017 was too remote to explain the delay in 2019-2020.
No compensation was awarded because the claim was dismissed at the preliminary stage.
Lessons & takeaways
- The deadline for an unfair dismissal claim is three months minus one day from the effective date of termination, plus any extension from ACAS early conciliation – missing it by even a few weeks can be fatal.
- Relying on someone else to file your claim is risky: you must give clear instructions, check they have done it, and keep evidence of your communications.
- Grief or personal difficulties may explain a short delay, but the tribunal expects you to act as soon as reasonably practicable – a two-year-old bereavement is unlikely to excuse a failure to file for months.
- If you use a representative, make sure they provide a witness statement or attend the hearing to explain any delay – the tribunal will not simply accept your word about what they did.
This case is a stark reminder that employment tribunal claims have strict time limits that are rarely extended. The former employee left Southcoast Scaffolding Limited in August 2019 and notified ACAS within time, but the claim form itself did not reach the tribunal until February 2020 – over seven weeks after the 17 December 2019 deadline. The tribunal had no choice but to consider whether to extend time.
The employee blamed his accountant, Ms Satterthwaite, for the delay, saying she was supposed to file the claim. However, he gave contradictory accounts of her role – first calling her his representative, then a secretary who just typed the form. He had not seen the claim before it was sent, and he produced no texts or emails showing he had chased her. The tribunal found it implausible that he had no knowledge of the process.
What could have been done differently
The employee could have filed the claim himself or checked with the tribunal that it had been received. Even a simple phone call to Ms Satterthwaite after the deadline would have shown the claim was missing. The tribunal noted that the employee was capable of managing his own affairs – he had contacted a solicitor shortly after leaving work – so the delay was not due to incapacity.
Why this matters
For anyone considering an unfair dismissal claim, the message is clear: the time limit is strict, and the tribunal will not accept vague excuses. If you rely on someone else to file, you must supervise them and keep records. The fact that the employee's son had died two years earlier was not enough to explain why he could not act in the weeks before the deadline. This case shows that even a sympathetic story will not save a claim that is simply too late.
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