Former employee's unfair dismissal claim dismissed as almost six months late
A former employee's unfair dismissal and whistleblowing claims were thrown out after he presented them nearly six months out of time, with the tribunal finding no reasonable excuse for the delay.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant resigned on 25 October 2021 and his employment ended on 24 November 2021.
- Early conciliation took place between 25 November 2021 and 13 December 2021.
- The claim was presented on 11 September 2022, almost six months out of time.
- The claimant cited stress and anxiety as the reason for the delay but provided no supporting evidence.
- The claimant was able to engage in other activities during the limitation period, including appealing a grievance outcome and contacting ACAS.
Timeline
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Employment commenced
The claimant started working for the respondent.
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Claimant resigned
The claimant resigned giving one month's notice, detailing dissatisfaction over 2.5 pages.
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Opportunity to withdraw resignation
The respondent gave the claimant an opportunity to withdraw his resignation.
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Further opportunity to withdraw
The respondent again gave the claimant an opportunity to withdraw his resignation.
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Claimant responded
The claimant responded to the respondent's offer to withdraw resignation.
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Claimant wrote two-page letter
The claimant wrote a two-page letter referencing the Acas Code.
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Claimant wrote further letter
The claimant wrote another two-page letter demonstrating familiarity with grievance and disciplinary processes, referencing protected disclosures.
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Employment terminated
The claimant's employment ended (effective date of termination).
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Early conciliation started
The claimant contacted ACAS and early conciliation began.
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Early conciliation certificate issued
The early conciliation period ended with a certificate issued.
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Claimant appealed grievance outcome
The claimant appealed against the grievance outcome, again referring to Acas guidance.
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Claim presented
The claimant presented his claim to the Employment Tribunal, almost six months out of time.
The legal issue
The tribunal had to decide whether the former employee's unfair dismissal and public interest disclosure claims were presented within the statutory time limit, and if not, whether it was reasonably practicable for him to have done so.
The outcome
The tribunal dismissed the claim as it was presented almost six months out of time.
The former employee resigned on 25 October 2021 and his employment ended on 24 November 2021. Early conciliation ran from 25 November to 13 December 2021. The claim was not presented until 11 September 2022, nearly six months after the deadline.
The former employee cited stress and anxiety as the reason for the delay but provided no supporting evidence. The tribunal noted he was able to engage in other activities during the limitation period, including appealing a grievance outcome and contacting ACAS.
No compensation was awarded as the claim was dismissed for lack of jurisdiction.
Lessons & takeaways
- Employment tribunal claims must be presented within three months of the effective date of termination, minus the early conciliation period — delays of even a few weeks can be fatal.
- If you miss the deadline, you must provide clear evidence (e.g., medical records) to show it was not reasonably practicable to present the claim in time.
- Being able to engage in other activities during the limitation period, such as appealing a grievance or contacting ACAS, will undermine a claim that stress prevented you from filing on time.
- Litigants in person should seek advice early — the tribunal will not accept a bare assertion of ill health without supporting documentation.
A costly delay
This case is a stark reminder that employment tribunal claims have strict time limits. The former employee, who worked for Caffyns Plc from May 2016, resigned in October 2021 after a period of dissatisfaction. His employment ended on 24 November 2021, and early conciliation with ACAS concluded on 13 December 2021. Under normal rules, he had until mid-March 2022 to present his claim. He did not do so until 11 September 2022 — almost six months late.
What went wrong
The former employee argued that stress and anxiety caused by his mistreatment prevented him from filing on time. However, the tribunal noted that during the limitation period he was able to write detailed letters, appeal a grievance outcome, and contact ACAS. He also failed to provide any medical evidence to support his claim of ill health, despite promising to do so in his claim form. The tribunal found that the delay was not due to circumstances beyond his control, and therefore the claim could not proceed.
What the employer did right
Caffyns Plc acted promptly by raising the time limit issue and applying for a preliminary hearing. The tribunal praised the respondent's solicitor for drawing attention to the claimant's ability to engage in other activities, which undermined his excuse. The employer also gave the former employee two opportunities to withdraw his resignation, showing a willingness to resolve the matter internally.
Why this matters
This case highlights that tribunals will not automatically accept a claim of stress or anxiety as a reason for missing a deadline. Claimants must provide concrete evidence and show that the delay was truly unavoidable. For employees considering a tribunal claim, the message is clear: act quickly, seek legal advice early, and keep records of any medical issues that might affect your ability to file on time.
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