School employee's unfair dismissal claim dismissed as tribunal lacked jurisdiction due to time limit breach

A costly delay

This case shows how strict the time limits are for employment tribunal claims. The claimant, a school employee with 16 years' service, applied for voluntary redundancy and her employment ended on 31 March 2021. She then waited until 30 July 2021 to start ACAS early conciliation – over three months after her last day – and did not present her claim until 13 October 2021. By then, the unfair dismissal time limit had expired by more than three months.

The adviser's mistake

The claimant argued that she had relied on incorrect advice from her consultant about the time limit. However, the tribunal found that it was still reasonably practicable for her to have presented the claim in time. The key point is that the test is not whether the claimant knew the correct time limit, but whether it was reasonably practicable for her to comply. The tribunal noted that the claimant was capable of managing her own affairs and could have sought advice earlier or checked the time limit herself.

What the employer did right

The London Borough of Brent followed a proper redundancy process, including consultation and a voluntary redundancy scheme. The claimant applied for voluntary redundancy herself, and the employer accepted. The tribunal did not criticise the employer's actions – the case turned entirely on the time limit issue.

Why this matters

For anyone considering an employment tribunal claim, the message is clear: act quickly. The time limit for unfair dismissal is three months minus one day from the effective date of termination. Even if you are seeking advice, it is safer to present a claim to protect your position while you gather evidence. Relying on an adviser's mistake will rarely excuse a late claim. This case also highlights that voluntary redundancy does not waive your right to claim – but you must still meet the deadlines.