Unfair dismissal claim dismissed as out of time despite internal appeal
A retail consultant's unfair dismissal claim was dismissed because he filed it one day late, even though he was waiting for his internal appeal outcome.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a Retail Business Consultant from 17 September 2014 until 4 February 2022.
- The claimant was dismissed following a disciplinary process that concluded on 3 February 2022.
- The claimant submitted an internal appeal on 7 February 2022 and received the outcome on 4 May 2022.
- The claimant presented his unfair dismissal claim to the tribunal on 4 May 2022, one day after the primary time limit expired.
- The claimant had legal advice and knew of his right to bring a claim at least one month before the deadline.
- The tribunal found it was reasonably practicable for the claimant to have presented his claim on time.
Timeline
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Customer complaint
The respondent received a complaint about the claimant from a customer, leading to an investigation and suspension.
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Investigation meeting
The claimant attended an investigation meeting with Dan Taylor, which he later alleged was discriminatory.
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Disciplinary hearing
A disciplinary hearing took place regarding the customer complaint.
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Dismissal decision
The claimant was told he was being dismissed in a Microsoft Teams meeting; a letter confirmed his last day would be 4 February 2022.
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Effective date of termination
The claimant's employment ended.
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Appeal submitted
The claimant submitted a detailed appeal against dismissal, stating he had sought legal advice.
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Email to appeal hearer
The claimant emailed the appeal hearer, stating he had instructed his solicitor to start tribunal proceedings.
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Early conciliation and claim presented
The claimant contacted ACAS and presented his claim to the tribunal on the same day.
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Preliminary hearing
Employment Judge Ayre held an open preliminary hearing to determine whether the claim was in time.
The legal issue
The tribunal had to decide whether the unfair dismissal claim was presented within the three-month time limit, and if not, whether it was reasonably practicable for the claimant to have done so.
The outcome
The tribunal decided that the claim was out of time and it did not have jurisdiction to hear it.
- The effective date of termination was 4 February 2022, so the primary time limit expired on 3 May 2022.
- The claimant presented his claim on 4 May 2022, one day late.
- The claimant had received legal advice and knew of his right to bring a claim at least one month before the deadline.
- Waiting for an internal appeal outcome does not extend the time limit for presenting a claim to the tribunal.
Lessons & takeaways
- The three-month time limit for unfair dismissal claims runs from the effective date of termination, not from the outcome of any internal appeal.
- If you have legal advice, the tribunal will expect you to know and meet the deadline, even if you are waiting for an appeal decision.
- Presenting a claim even one day late can be fatal to your case unless you can show it was not reasonably practicable to file on time.
- Seeking early conciliation with ACAS can extend the time limit, but you must still start that process before the deadline expires.
This case shows how strictly employment tribunals apply the three-month time limit for unfair dismissal claims, even when the employee is pursuing an internal appeal.
What happened
The claimant, a Retail Business Consultant, was dismissed on 3 February 2022 with effect from 4 February. He submitted an internal appeal on 7 February and received the outcome on 4 May. He presented his unfair dismissal claim to the tribunal on 4 May — one day after the primary time limit expired. The tribunal held a preliminary hearing to decide whether the claim was in time.
Why the claim failed
The tribunal found that the claimant had taken legal advice and knew he could bring a claim at least a month before the deadline. Waiting for the appeal outcome did not make it impracticable to file on time. The judge noted that the claimant could have presented a protective claim to preserve his rights while the appeal was pending.
What this means for similar claims
Employees should not assume that the time limit is paused while an internal appeal is ongoing. The clock starts ticking from the effective date of termination. If you are unsure, it is safer to present a claim to the tribunal (or start ACAS early conciliation) before the deadline, even if you hope the appeal will resolve matters. Missing the deadline by even a single day can mean losing the right to bring an unfair dismissal claim altogether.
Similar cases
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