Unfair dismissal claim dismissed as too late: the importance of the three-month deadline
A former employee's unfair dismissal claim against BUPA Care Homes was dismissed because she presented it nearly seven months after her dismissal, well beyond the three-month time limit. The tribunal found it was reasonably practicable for her to have brought the claim in time.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was dismissed on 11 November 2021.
- The claimant presented her unfair dismissal claim on 4 June 2022.
- The claim was presented outside the three-month time limit.
- The tribunal found it was reasonably practicable for the claimant to present the claim in time.
- The claimant's application for reconsideration was refused.
Timeline
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Dismissal
The claimant was dismissed by the respondent.
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Claim presented
The claimant issued a claim of unfair dismissal.
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GP letter
The claimant disclosed a letter from her GP regarding her health.
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Preliminary hearing
The tribunal heard the claim to determine if it was brought in time. The claim was dismissed as out of time.
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Judgment sent
The written judgment was sent to the parties.
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Reconsideration application
The claimant applied for reconsideration, citing her illness.
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Reconsideration refused
The tribunal refused the application for reconsideration.
The legal issue
The tribunal had to decide whether the claimant's unfair dismissal claim was presented within the statutory three-month time limit, and if not, whether it was not reasonably practicable for her to have done so.
The outcome
The tribunal dismissed the claim as it was presented outside the three-month time limit. The key reason was that the claimant had not provided sufficient evidence to show that it was not reasonably practicable for her to present the claim in time. The tribunal considered her health issues but found that these did not prevent her from bringing the claim earlier. No compensation was awarded.
Lessons & takeaways
- The time limit for bringing an unfair dismissal claim is three months from the date of dismissal – missing this deadline usually means the claim will be dismissed.
- If you are unwell, you should still try to present your claim as soon as possible; the tribunal will consider medical evidence but expects you to take reasonable steps.
- A claim presented late will only be allowed if it was not reasonably practicable to present it in time – this is a high bar to meet.
- Keep records of any attempts to seek advice or file a claim, as these can help show why you were unable to meet the deadline.
- If you miss the deadline, apply for reconsideration only if you have new evidence that was not available at the original hearing.
A costly delay
This case highlights a fundamental rule of employment tribunal claims: the strict three-month time limit. The former employee was dismissed on 11 November 2021, but did not present her unfair dismissal claim until 4 June 2022 – nearly seven months later. The tribunal held a preliminary hearing to decide whether the claim was in time.
What the tribunal decided
The claimant argued that her ill health made it impossible to bring the claim earlier. She provided a GP letter dated May 2023 and gave oral evidence about her condition. However, the tribunal found that she had not shown it was not reasonably practicable to present the claim within the three-month window. The claim was dismissed as out of time.
What could have been done differently
The claimant could have sought advice immediately after dismissal and presented her claim as soon as possible, even if she was unwell. The tribunal noted that the medical evidence she relied on was not new – it had been considered at the hearing. Her later application for reconsideration, which repeated the same health points, was refused because it offered no fresh grounds.
Why this matters
This case is a reminder that employment tribunals take time limits very seriously. Even if you have health problems or other difficulties, you must make every effort to file your claim within three months. If you cannot, you will need strong evidence that it was not reasonably practicable to do so – and that is a difficult argument to win.
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