Waitress with 22 years' service loses unfair dismissal claim due to time limits
A waitress who worked for Lornar Ltd for 22 years had her unfair dismissal claim rejected because she missed the three-month time limit by several months.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant worked as a waitress for the respondent from 1998 until her employment ended no later than 31 August 2020.
- The claimant was placed on furlough in March 2020 and travelled to Turkey during that period.
- The claimant's effective date of termination was found to be no later than 31 August 2020.
- The claimant worked for one week in October 2020 under a separate arrangement.
- The claimant contacted ACAS on 22 December 2020, after the primary time limits had expired.
- The respondent conceded an unlawful deduction from wages for the October 2020 work and paid the amount due.
Timeline
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Employment commenced
The claimant started working for the respondent as a waitress.
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Furlough leave began
Due to the coronavirus pandemic, the claimant was placed on furlough leave.
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WhatsApp message from respondent
Ms Bouzid asked the claimant when she would return to the UK.
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Respondent asked claimant to return
Ms Bouzid informed the claimant she was needed back at work.
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Letter from respondent
The respondent wrote to the claimant asking her to confirm her intentions regarding returning to work.
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Furlough ended
The respondent stated furlough ended on this date.
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Effective date of termination
The tribunal found the claimant's employment ended no later than this date.
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Claimant visited respondent
The claimant visited the respondent on several occasions in September asking for work.
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Claimant worked for one week
The claimant worked from 13 to 18 October 2020 under a separate arrangement.
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ACAS early conciliation started
The claimant contacted ACAS on this date.
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ET1 claim form submitted
The claimant submitted her claim to the employment tribunal.
The legal issue
The tribunal had to decide whether the claimant's claims for unfair dismissal, wrongful dismissal, and unauthorised deductions from wages were presented within the applicable time limits, and if not, whether it was not reasonably practicable for her to have done so.
The outcome
The tribunal ruled that it did not have jurisdiction to hear the claims for unfair dismissal, wrongful dismissal, or unauthorised deductions from wages relating to work before 31 August 2020, as they were all presented outside the statutory time limits.
The key reason was that the claimant's employment ended no later than 31 August 2020, but she did not contact ACAS until 22 December 2020 – well beyond the three-month limit. The tribunal found that it was reasonably practicable for her to have presented her claims in time, as she was in contact with the respondent and had access to advice.
The respondent conceded an unlawful deduction from wages for work performed in October 2020 and paid the amount due. The claimant's claim for a redundancy payment was not part of this preliminary hearing.
Lessons & takeaways
- Employment tribunal claims must be brought within three months of the effective date of termination – missing this deadline usually means the claim cannot proceed.
- If you believe you have been dismissed, seek advice promptly and do not assume that informal discussions or later work arrangements extend the time limit.
- Even long-serving employees can lose their right to claim unfair dismissal if they fail to act within the statutory time limits.
- Working a short period after the end of your employment may not restart the clock for time limits – the effective date of termination is key.
This case shows how strict employment tribunal time limits can be, even for a long-serving employee. The claimant had worked as a waitress for Lornar Ltd for 22 years, but after being placed on furlough during the pandemic and travelling to Turkey, her employment ended no later than 31 August 2020. She later worked for one week in October 2020 under a separate arrangement, but the tribunal found this did not extend her employment.
What the tribunal decided
The tribunal focused on the effective date of termination. Despite the claimant's arguments that her employment continued until October 2020, the evidence showed that the respondent had made clear the employment was over by 31 August 2020. The claimant contacted ACAS on 22 December 2020, nearly four months after the termination, and submitted her claim in January 2021 – both well outside the three-month limit.
What could have been done differently
The respondent could have been clearer in writing about the termination date, but the real lesson is for employees: if you think you have been dismissed, act quickly. The tribunal noted that the claimant was in contact with the respondent and could have sought advice earlier. The fact that she worked for one week in October did not reset the clock.
Why this matters
This case is a reminder that employment tribunal claims have strict deadlines. Even with 22 years of service, missing the time limit by a few months means losing the right to bring an unfair dismissal claim. The only exception is if it was 'not reasonably practicable' to claim in time, but the tribunal found that did not apply here. The claimant did succeed on a small claim for unpaid wages from the October 2020 work, which the respondent conceded.
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