Unfair dismissal claim rejected as three days late despite union advice
A former NHS employee's unfair dismissal claim was dismissed after she submitted it three days late. The tribunal found it was reasonably practicable for her to have filed on time.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant's employment ended on 20 September 2021.
- ACAS early conciliation ran from 2 December 2021 to 17 December 2021.
- The deadline to submit the claim was 17 January 2022.
- The claimant submitted her claim on 20 January 2022, three days late.
- The claimant received advice from her union and ACAS about the three-month time limit.
- The tribunal found it was reasonably practicable for the claimant to submit in time.
Timeline
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Employment ended
The claimant's employment with the respondent ended.
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Appeal submitted
Highbury Grove Advice Centre Ltd submitted an appeal against termination on the claimant's behalf.
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ACAS early conciliation started
ACAS early conciliation began (day A).
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ACAS early conciliation ended
ACAS early conciliation ended (day B).
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Claim deadline
The deadline for submitting the claim to the tribunal expired.
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Claim submitted
The claimant submitted her unfair dismissal claim to the tribunal, three days late.
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Appeal hearing
The claimant's internal appeal was heard.
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Appeal outcome
The outcome of the appeal was communicated to the claimant.
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Preliminary hearing
The tribunal held a preliminary hearing to decide whether the claim was submitted in time.
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Judgment sent
The written judgment was sent to the parties.
The legal issue
The tribunal had to decide whether the claimant's unfair dismissal claim was submitted within the statutory time limit (including the extension for ACAS early conciliation) and, if not, whether it was not reasonably practicable for her to submit it in time, allowing a further reasonable period.
The outcome
The tribunal decided that the claim was out of time and dismissed it.
The key reason was that the claimant had been told by her union and ACAS about the three-month time limit, yet she still submitted her claim three days late. The tribunal found no sufficient reason why it was not reasonably practicable for her to submit on time.
No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- The statutory time limit for unfair dismissal claims is strict – even being a few days late can be fatal to your case.
- If you receive advice about time limits from your union or ACAS, make sure you act on it promptly.
- Health issues or waiting for an internal appeal outcome do not automatically excuse a late claim – you must still submit in time and seek an extension if needed.
- If you are representing yourself, double-check the deadline calculation, especially after ACAS early conciliation.
This case shows how unforgiving employment tribunal time limits can be, even for claimants who have sought advice. The former employee's employment ended on 20 September 2021. After ACAS early conciliation, the deadline to submit her unfair dismissal claim was 17 January 2022. She filed on 20 January – just three days late – and the claim was dismissed.
What went wrong
The tribunal found that the claimant had been told about the three-month time limit by both her union representative and ACAS. She was also actively working and able to draft the claim herself. Although she had some health issues, no medical evidence was provided to show they prevented her from submitting on time. The tribunal concluded it was reasonably practicable for her to meet the deadline.
What the employer did right
St George's University Hospitals NHS Foundation Trust, represented by counsel, successfully argued that the claim was out of time. The tribunal agreed, noting that the claimant had not explained why she could not submit the straightforward online form a few days earlier.
Why this matters
For anyone considering an employment tribunal claim, this case is a stark reminder that time limits are strictly enforced. Waiting for an internal appeal outcome or relying on third-party advice without acting on it will not excuse a late claim. The safest approach is to submit the claim as early as possible, even if you hope to resolve matters internally.
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