Claim dismissed after employee prioritised son's hospitalisation over tribunal deadline
A former employee's breach of contract claim against Away Resorts Limited was struck out as out of time. The tribunal found it was reasonably practicable for him to present the claim on time, despite his son's hospitalisation and home flooding.
1 min read · Last updated 19 May 2026
Case details
- #out-of-time
- #breach-of-contract
- #unfair-dismissal
- #jurisdiction
- #family-priority
Key facts
- The claimant resigned on 23 December 2022 and his employment ended on 3 January 2023.
- The claimant notified ACAS on 3 March 2023 and received the certificate on 14 April 2023.
- The claim was presented on 8 June 2023, which was 3 weeks and 4 days after the extended deadline of 14 May 2023.
- The claimant was aware of the time limits from a conversation with ACAS on 28 March 2023.
- The claimant made a conscious decision to prioritise his son's hospitalisation and home repairs over presenting the claim.
- The tribunal found it was reasonably practicable for the claimant to have presented the claim in time.
Timeline
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Grievance hearing
The claimant had a grievance hearing with the respondent.
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Claimant resigned
The claimant resigned from his employment.
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Employment terminated
The claimant's notice expired and his employment ended.
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Grievance outcome
The claimant was sent the grievance outcome, partially upholding his complaints.
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ACAS notified
The claimant notified ACAS of the dispute.
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Home flooded
The claimant's bio-mass heating system exploded and flooded his home.
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ACAS call
The claimant spoke to ACAS and was informed of his rights and time limits.
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ACAS certificate issued
The early conciliation certificate was issued.
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Son hospitalised
The claimant's 10-month-old son was admitted to hospital and later transferred to London.
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Claim presented
The claimant presented his claim to the tribunal.
The legal issue
The tribunal had to decide whether the claimant's breach of contract claim was presented within the statutory time limit, and if not, whether it was reasonably practicable for him to have done so.
The outcome
The tribunal struck out the unfair dismissal claim by consent because the claimant did not have two years' service. The breach of contract claim was also struck out as it was presented out of time and it was reasonably practicable for the claimant to have presented it in time.
- The claimant resigned on 23 December 2022, with employment ending on 3 January 2023.
- He notified ACAS on 3 March 2023 and received the certificate on 14 April 2023, giving a deadline of 14 May 2023.
- The claim was presented on 8 June 2023, 3 weeks and 4 days late.
- The claimant was aware of time limits from an ACAS call on 28 March 2023.
- No compensation was awarded as the claim was struck out.
Lessons & takeaways
- Employment tribunal deadlines are strict; even compelling personal circumstances may not excuse a delay if you were aware of the time limit.
- If you have a family emergency, seek advice or file a protective claim to preserve your rights, even if you cannot pursue it immediately.
- Length of service matters: employees with less than two years' service generally cannot claim unfair dismissal, but may still have other claims like breach of contract.
- Keep records of all communications with ACAS and your employer; the tribunal will scrutinise what you knew and when.
This case shows how personal crises can collide with rigid legal deadlines. The former employee resigned from Away Resorts Limited in January 2023 after a grievance about changes to his work location and commission. He intended to bring a breach of contract claim, but a series of events – his son's hospitalisation and a home flood – led him to file his claim nearly four weeks late.
What the tribunal considered
The tribunal had to decide whether the delay was excusable. The law allows extra time only if it was 'not reasonably practicable' to present the claim on time. Here, the claimant knew the deadline from an ACAS call on 28 March 2023. He made a conscious choice to prioritise his son's care and home repairs over filing the claim. The tribunal found that, while his priorities were understandable, he could have presented the claim in time – for example, by using a friend's computer or seeking help.
What could have been done differently
The claimant acted in person and without legal advice. If he had filed a protective claim (even a brief one) before the deadline, he could have preserved his rights while dealing with his personal situation. Employers and tribunals expect claimants to take reasonable steps to meet deadlines, even under pressure. The outcome might have been different if the claimant had shown he was physically or mentally unable to file, rather than making a deliberate choice.
Why this matters
For anyone considering an employment claim, this case is a stark reminder that time limits are strictly enforced. The tribunal sympathised with the claimant's difficult circumstances but applied the law as it stands. If you face a deadline and personal emergencies, seek advice immediately – or file something to stop the clock. Acting alone and late can cost you the chance to have your case heard at all.
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