Former employee's unfair dismissal claim struck out for being too late
A tribunal struck out an unfair dismissal claim because it was presented more than three months after dismissal, with no reasonable excuse for the delay.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was employed from 10 December 2018 until 15 October 2021.
- The claimant presented his claim form on 2 February 2022, which was outside the three-month time limit.
- The claimant was represented by Unite the Union throughout the disciplinary and appeal process.
- The claimant did not attend the preliminary hearing and informed the tribunal he was stuck in traffic.
- The tribunal found no reasonable explanation for the delay in presenting the claim.
Timeline
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Employment started
The claimant began working for Paragon Automotive Logistics Limited.
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Dismissal
The claimant was dismissed from employment.
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Last dealing with company
The claimant states his last dealing with the company was on this date.
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Final letter sent
The claimant sent a recorded letter to the company, which he considered his final dealing.
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Early conciliation started
The claimant started early conciliation with ACAS.
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Early conciliation ended
Early conciliation ended.
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Claim form presented
The claimant presented his claim form to the employment tribunal.
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Notice of preliminary hearing sent
The tribunal sent notice of the preliminary hearing to the claimant.
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Preliminary hearing
The tribunal held a preliminary hearing to consider the time limit issue. The claimant did not attend.
The legal issue
The tribunal had to decide whether the claim was presented within the statutory three-month time limit for unfair dismissal, and if not, whether it was reasonably practicable for the claimant to have presented it in time.
The outcome
The tribunal struck out the claim for unfair dismissal because it was presented too late.
- The claimant was dismissed on 15 October 2021 but did not present his claim until 2 February 2022, after the three-month deadline.
- He was represented by a union throughout the disciplinary and appeal process, and the tribunal found no reasonable explanation for the delay.
- No compensation was awarded as the claim was not considered on its merits.
Lessons & takeaways
- Unfair dismissal claims must be presented to the tribunal within three months minus one day of the effective date of termination.
- If you have a union representative, ask them about time limits early – relying on them to handle the claim does not excuse missing the deadline.
- Delays caused by internal appeals or waiting for a final letter from your employer do not automatically extend the time limit.
- If you miss the deadline, you must show it was not reasonably practicable to present the claim in time – vague reasons like 'procedures are unfamiliar' are unlikely to succeed.
This case is a reminder that employment tribunal claims have strict time limits that are rarely extended. The former employee was dismissed on 15 October 2021 but did not present his unfair dismissal claim until 2 February 2022 – well past the three-month deadline. He explained that he had been waiting for his employer's final letter and had relied on his union to pursue the matter, but the tribunal found these reasons insufficient.
What went wrong
The claimant had union representation throughout the disciplinary and appeal process. Yet he did not start early conciliation until 31 January 2022, just days before the deadline had already passed. By the time he presented his claim on 2 February, he was too late. The tribunal noted that he had not provided any grounds for his complaint in the claim form and had not attended the preliminary hearing, simply saying he was stuck in traffic.
Why the result matters
The law requires claimants to show it was not reasonably practicable to present the claim in time. Factors include whether the employee knew their rights, whether they were advised, and whether there was any physical or other obstruction. Here, the claimant was aware of the process and had union support, but he did not act promptly. The tribunal concluded there was no reasonable excuse for the delay, so the claim was struck out without ever being considered on its merits.
For anyone considering an unfair dismissal claim, the key lesson is clear: act quickly. Do not assume that internal appeals or waiting for correspondence will pause the clock. If you have a representative, confirm the deadline with them early and ensure your claim is submitted within the three-month window.
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