Dismissed during probation: waiting for internal complaint outcome cost her claim
A team leader who relied on her union's advice to wait for an internal complaint outcome before bringing an unfair dismissal claim was out of time. The tribunal dismissed her case.
1 min read · Last updated 18 May 2026
Case details
- #out-of-time
- #probationary-period
- #internal-complaint
- #union-advice
- #bereavement
- #covid-19
Key facts
- The claimant was employed as Team Leader Clinical Records from 3 December 2018 to 8 November 2019.
- She was dismissed during her probationary period after being told she had failed.
- The claimant raised an internal complaint in January 2020, which was not resolved until 16 July 2021.
- She presented her claim to the tribunal on 13 October 2021, over 20 months after the time limit expired.
- The claimant relied on her union's advice to wait for the internal process to conclude before bringing a claim.
Timeline
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Employment commenced
Claimant started as Team Leader Clinical Records with a six-month probationary period.
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Telephone conversation with manager
Claimant was told orally that she had passed her probation.
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Invitation to probation review meeting
Claimant received a letter inviting her to a meeting, contrary to the earlier oral assurance.
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Probation review meeting and dismissal decision
Meeting took place; claimant was accompanied by a union official. Manager decided to terminate for failing probation.
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Employment terminated
Claimant's employment ended after one month's notice.
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Claimant's father died
Claimant suffered a bereavement.
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Internal complaint raised
Claimant raised a complaint about her treatment and the probation decision.
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Claimant's brother died
Claimant suffered another bereavement.
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Outcome of internal complaint received
Claimant received a letter apologising for the delay but not upholding her complaint.
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Early conciliation started
Claimant contacted ACAS.
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Claim presented to tribunal
Claimant presented her ET1 claim form.
The legal issue
The tribunal had to decide whether the claimant's unfair dismissal and breach of contract claims were presented within the statutory time limit, and if not, whether it was not reasonably practicable for her to have done so in time.
The outcome
The tribunal dismissed the claimant's claims because they were presented over 20 months after the time limit expired.
- The claimant was dismissed on 8 November 2019 and had until 7 February 2020 to bring a claim.
- She presented her claim on 13 October 2021, well outside the three-month limit.
- The tribunal found that waiting for the outcome of an internal complaint, even on union advice, does not make it not reasonably practicable to present a claim in time.
- No compensation was awarded as the claims were dismissed at the preliminary stage.
Lessons & takeaways
- The three-month time limit for unfair dismissal claims runs from the effective date of termination, not from the outcome of any internal complaint.
- Relying on union advice to wait for an internal process to finish before bringing a tribunal claim is risky — the tribunal will not usually extend the time limit for this reason.
- If you are unsure about time limits, seek independent legal advice or contact ACAS early to start the early conciliation process.
A cautionary tale about time limits
This case shows how strictly employment tribunals apply the three-month time limit for bringing unfair dismissal claims. The claimant, a team leader in clinical records, was dismissed during her probationary period after being told she had failed. She believed she had passed, based on an earlier phone call, and raised an internal complaint in January 2020.
She followed her union's advice to wait for the outcome of that complaint before taking legal action. But the internal process dragged on for over 18 months, partly due to the pandemic and staff changes. By the time she received the outcome letter in July 2021 and started ACAS early conciliation, the time limit had long passed.
What the tribunal said
The tribunal acknowledged the claimant's difficult circumstances — she lost her father and brother during this period and had COVID-19 twice. However, the law is clear: waiting for an internal process to conclude does not make it 'not reasonably practicable' to bring a claim in time. The claimant had been told about the three-month limit by her union rep in December 2019, so she was aware of it.
The tribunal distinguished between being misadvised by a union (which might give a claim against the union) and the tribunal having discretion to extend time. Here, the claimant chose to wait, and that choice was not a sufficient reason to extend the limit.
What this means for similar claims
If you are dismissed and considering an internal appeal or complaint, do not assume that this pauses the tribunal time limit. You should either present your claim within three months (and ask the tribunal to stay it pending the internal process) or seek clear advice that the internal process will conclude quickly enough. The safest approach is to start the ACAS early conciliation process as soon as possible after dismissal, even if you hope to resolve matters internally.
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