Unfair dismissal claim dismissed as out of time after late correction of ET1
A former employee's unfair dismissal claim against National Express West Midlands was dismissed because the corrected claim form was submitted 18 days after the rejection notice, putting it outside the time limit.
1 min read · Last updated 18 May 2026
Case details
- #out-of-time
- #rule-12-rejection
- #rule-13-reconsideration
- #late-presentation
Key facts
- The claimant's employment was terminated on 16 November 2020.
- The claimant contacted ACAS on 14 February 2021, and early conciliation ended on 28 March 2021.
- The claimant submitted an ET1 on 28 April 2021, which was initially rejected under Rule 12 for insufficient information.
- The claimant corrected the defect and resubmitted the claim on 22 August 2021, 18 days after the rejection notice was sent.
- The tribunal found that the claim was not brought within the time limit and that it was reasonably practicable to bring it in time.
Timeline
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Employment terminated
The claimant's employment with the respondent ended.
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ACAS early conciliation started
The claimant contacted ACAS, pausing the time limit for bringing a claim.
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Early conciliation ended
ACAS issued a certificate, extending the deadline to 28 April 2021.
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Initial ET1 presented
The claimant submitted an ET1 claiming discrimination and redundancy, but failed to tick relevant boxes.
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Claim rejected under Rule 12
Employment Judge Clark rejected the claim as it could not be sensibly responded to.
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Amended ET1 resubmitted
The claimant corrected the defects and resubmitted the claim, 18 days after the rejection notice.
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Hearing and judgment
Employment Judge D Wright dismissed the claim as out of time.
The legal issue
Whether the claimant's unfair dismissal claim was presented within the time limit, and if not, whether it was reasonably practicable to do so and whether the claim was presented within a reasonable period thereafter.
The outcome
The tribunal dismissed the claim as out of time.
The claimant's employment ended on 16 November 2020. After ACAS early conciliation, the deadline to present a claim was 28 April 2021. The initial ET1 was presented on that date but was rejected under Rule 12 for insufficient information. The claimant corrected the defects and resubmitted on 22 August 2021, 18 days after the rejection notice was sent. The tribunal held that the claim was not presented within the time limit, and it was reasonably practicable to present it in time.
No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- If your ET1 is rejected for defects, you must correct and resubmit within 14 days to keep the original presentation date; otherwise, the claim is treated as presented on the later date.
- Seeking legal advice is not a valid excuse for delay if the correction could have been made sooner, especially when the defect is minor.
- The time limit for unfair dismissal is strict; even a short delay of 18 days can be fatal to your claim.
- Always tick the correct boxes on the ET1 form to avoid rejection and ensure your claim is properly presented.
A costly tick-box error
This case shows how a simple administrative mistake can derail an entire employment claim. The former employee's employment ended in November 2020, and he contacted ACAS just in time. He presented his ET1 on the final deadline day, but failed to tick the correct boxes for unfair dismissal or discrimination. The tribunal rejected the claim as 'not in a form that can sensibly be responded to'.
The 14-day window
Under the Employment Tribunal Rules, a claimant has 14 days from the rejection notice to either apply for reconsideration or rectify the defect. If they do so within that window, the claim is treated as presented on the original date. Here, the claimant took 18 days, partly because he was trying to find a solicitor he could afford. The tribunal noted that the correction was simple — just ticking boxes — and that legal advice was not needed. The delay meant the claim was presented out of time.
What could have been done differently
The claimant could have corrected the form immediately and resubmitted within the 14-day period. Even a one-day delay beyond the deadline would have been fatal. The tribunal also pointed out that the employment tribunal system is designed for litigants in person, so the lack of a solicitor was not a reasonable excuse for the delay.
Why this matters
This case is a reminder that procedural rules are strictly enforced. Even a valid substantive claim can be lost if the paperwork is not handled correctly. For anyone bringing a claim, it is essential to read the rejection notice carefully and act quickly — ideally within days, not weeks.
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