Claim dismissed after CAB missed tribunal deadline: time limits are strict
A former employee's unfair dismissal claim was thrown out because he relied on the Citizens Advice Bureau to submit his claim, but the three-month deadline had already passed.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant was employed until 9 October 2022.
- The claimant approached ACAS for early conciliation on 31 January 2023, after the three-month time limit had expired.
- The claimant submitted his claim to the tribunal on 7 February 2023.
- The claimant had contacted the Citizens Advice Bureau in September 2022 and believed they would submit his claim.
- The CAB informed the claimant on 10 January 2023 that the deadline had been missed.
- The claimant was aware of the need to contact ACAS and the existence of time limits before the deadline expired.
Timeline
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Contacted Citizens Advice Bureau
The claimant contacted the CAB and provided documents, agreeing that the CAB would correspond with the tribunal on his behalf.
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Employment terminated
The claimant's employment with the respondent ended on this date.
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CAB informed claimant deadline missed
The CAB informed the claimant that the three-month deadline for bringing a claim had been missed.
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Contacted ACAS for early conciliation
The claimant approached ACAS to obtain an early conciliation certificate.
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Received ACAS certificate
The claimant received the ACAS early conciliation certificate.
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Claim presented to tribunal
The claimant submitted his claim for unfair dismissal and unlawful deduction from wages to the employment tribunal.
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Hearing and judgment
The tribunal held a hearing and dismissed the claims as out of time, finding it was reasonably practicable to present them in time.
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Application for reconsideration
The claimant applied for reconsideration of the judgment.
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Reconsideration refused
Employment Judge Morton refused the reconsideration application.
The legal issue
The tribunal had to decide whether the claimant's unfair dismissal and unlawful deduction claims were presented within the statutory time limits, and if not, whether it was not reasonably practicable to present them in time and whether they were presented within a reasonable further period.
The outcome
The tribunal dismissed both claims as out of time.
- The claimant's employment ended on 9 October 2022, giving him until 8 January 2023 to present his claim (after ACAS early conciliation adjustments).
- He contacted ACAS on 31 January 2023 and presented his claim on 7 February 2023 – both after the deadline.
- The tribunal held that it was reasonably practicable to present the claim in time because the claimant knew about the time limit and could have acted sooner, rather than relying on the CAB.
- No compensation was awarded as the claims were dismissed for lack of jurisdiction.
Lessons & takeaways
- Time limits for employment tribunal claims are strict – you usually have three months from the date of dismissal (less one day) to start the ACAS early conciliation process.
- Relying on a third party like the Citizens Advice Bureau to submit your claim is risky – you remain responsible for meeting the deadline.
- If you know about a time limit, you should take direct action yourself rather than waiting for someone else to act on your behalf.
- Even if you miss the deadline, you can still argue it was not reasonably practicable to present in time – but the tribunal will consider what steps you took and whether you could have done more.
- Contact ACAS early conciliation as soon as possible after dismissal – do not wait until the last minute or rely on others.
This case is a stark reminder that employment tribunal time limits are unforgiving, even when a claimant has sought help from an advice agency. The former employee was dismissed on 9 October 2022 and had until 8 January 2023 to present his claim. He contacted the Citizens Advice Bureau in September 2022 and believed they would handle the matter. But the CAB only told him on 10 January 2023 that the deadline had passed.
What went wrong
The claimant knew about the need to contact ACAS and the existence of time limits before the deadline expired. Yet he did not approach ACAS until 31 January 2023, weeks after the deadline. The tribunal found that it was reasonably practicable for him to have presented his claim in time – he could have contacted ACAS directly himself, rather than relying on the CAB. The fact that the CAB let him down did not excuse the delay.
What the losing side could have done differently
The claimant could have taken ownership of the process. Even after contacting the CAB, he should have checked the deadline himself and contacted ACAS promptly. Waiting for the CAB to act was a gamble that did not pay off. The tribunal noted that the claimant had a high standard of English and was capable of taking these steps.
Why this matters
For anyone considering an employment tribunal claim, this case underscores that you cannot delegate responsibility for time limits. If you rely on a third party and they miss the deadline, the tribunal will still expect you to have taken reasonable steps yourself. The safest approach is to contact ACAS early conciliation as soon as possible after dismissal, and to present your claim well before the three-month deadline expires.
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