Unfair dismissal claim thrown out for being 104 days late
A former employee's unfair dismissal claim was dismissed because she presented it 104 days after the three-month time limit. The tribunal found no reasonable excuse for the delay.
1 min read · Last updated 18 May 2026
Key facts
- The claimant's employment ended on 16 July 2021 due to redundancy.
- The respondent sent the appeal outcome on 5 October 2021 to the claimant's usual email and home address.
- The claimant did not receive the appeal outcome and chased it on 4 January 2022.
- The claimant contacted ACAS on 24 January 2022 and presented her claim to the tribunal on 26 January 2022.
- The tribunal found the effective date of termination was 16 July 2021, making the claim over 104 days late.
Timeline
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Employment started
The claimant began working for Ark Schools.
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Employment ended
The claimant's employment ended due to redundancy.
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Internal appeal hearing
The claimant attended an internal appeal hearing regarding her dismissal.
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Appeal outcome sent
The respondent sent the appeal outcome to the claimant via email and post.
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Claimant chased appeal outcome
The claimant contacted the respondent to request the appeal outcome.
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Appeal outcome received
The claimant received a copy of the appeal outcome by email.
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ACAS early conciliation started
The claimant contacted ACAS to start early conciliation.
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Claim presented to tribunal
The claimant presented her unfair dismissal claim to the employment tribunal.
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Preliminary hearing
The tribunal held an open preliminary hearing to determine whether the claim was in time.
The legal issue
The tribunal had to decide whether the claim was presented within the three-month time limit from the effective date of termination, and if not, whether it was reasonably practicable to present it sooner and whether to extend time.
The outcome
The tribunal dismissed the claim because it was presented out of time. The effective date of termination was 16 July 2021, meaning the deadline was 15 October 2021. The claim was presented on 26 January 2022, over 104 days late. The tribunal found that the claimant had not shown it was not reasonably practicable to present the claim earlier, and there was no basis to extend time. No compensation was awarded.
Lessons & takeaways
- The three-month time limit for unfair dismissal claims runs from the effective date of termination, not from the outcome of an internal appeal.
- If you do not receive an appeal outcome, chase it promptly and do not assume the time limit is paused.
- Contact ACAS early conciliation as soon as possible to avoid missing the deadline.
- The tribunal has discretion to extend time only if you can show it was not reasonably practicable to present the claim in time.
A costly delay
This case shows how strict the time limits are for unfair dismissal claims. The former employee was made redundant on 16 July 2021. She attended an internal appeal hearing on 23 September 2021, but the outcome was sent to her usual email and home address on 5 October 2021. She did not receive it and only chased it on 4 January 2022, receiving a copy the next day. She then contacted ACAS on 24 January 2022 and presented her claim on 26 January 2022.
The tribunal found that the effective date of termination was 16 July 2021, not the date of the appeal outcome. This meant the three-month deadline was 15 October 2021. The claim was over 104 days late. The tribunal also considered whether the appeal outcome date (5 October 2021) could be the effective date, but noted that waiting for an internal appeal does not extend the time limit. Even if that date were used, the deadline was 4 January 2022, and the claim was still 22 days late.
What could have been done differently
The employer sent the appeal outcome to the correct addresses and had no indication it was not received. The claimant did not chase it for three months. If she had followed up sooner, she might have presented her claim in time. The tribunal also noted that the claimant did not attend the hearing and her solicitors had no instructions, which did not help her case.
Why this matters
This case is a reminder that the time limit for unfair dismissal claims is strict and runs from the date your employment ends, not from the end of any internal appeal. If you are waiting for an appeal outcome, you should still present your claim within three months of your dismissal to protect your position. If you miss the deadline, you must show it was not reasonably practicable to claim on time, which is a high bar.
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