Long-serving employee dismissed during sickness absence: claim thrown out for being too late

A costly delay

This case shows how easily a potentially strong claim can be lost through delay. The claimant, a CSS General with 20 years' service, was dismissed on 27 April 2022 for capability due to long-term sickness absence. His union representative said they would lodge an appeal, but he never heard anything more. He continued to receive his salary for four months after dismissal, which he said left him confused about his employment status.

By the time he contacted ACAS on 4 October 2022—over five months after dismissal—the three-month time limit for unfair dismissal had already expired. The tribunal found that it was reasonably practicable for him to have presented his claim in time, and that the continued salary payments did not justify the delay. As a result, his unfair dismissal and unauthorised deductions claims were dismissed.

What could have been done differently

The claimant had access to union representation, ACAS, and Citizens Advice but did not seek timely advice. The tribunal noted that he could have contacted ACAS much sooner, even while waiting for the promised appeal. The key lesson is that time limits run from the date of dismissal, not from the end of salary payments or the outcome of an appeal. If you are dismissed, act quickly—do not assume that ongoing payments or a promised appeal will preserve your right to claim.

Why the result matters

This case is a reminder that employment tribunals apply time limits strictly for unfair dismissal claims. The test is whether it was 'reasonably practicable' to present the claim in time, and ignorance of the law or reliance on others is rarely a sufficient excuse. However, the tribunal did allow the discrimination claims to proceed on a 'just and equitable' basis, showing that different time limit rules apply to discrimination complaints. If you have multiple potential claims, it is vital to understand the different deadlines that apply to each.