Dismissed by email: a day's delay that cost the claim
A former employee's unfair dismissal claim was thrown out because he contacted ACAS two days after the three-month deadline, even though he read his dismissal email the day after it was sent.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant was dismissed on 10 July 2020 by email and post.
- The claimant and his wife read the dismissal email on 11 July 2020.
- The claimant contacted ACAS on 12 October 2020, two days after the limitation period ended.
- The claimant presented his claim to the tribunal on 10 December 2020.
- The tribunal found it was reasonably practicable for the claimant to have presented his claim in time.
Timeline
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Disciplinary hearing
The disciplinary hearing was conducted by Mr Humphries. The claimant was assisted by Mr Owolade.
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Submissions provided
Mr Owolade provided written submissions on behalf of the claimant.
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Dismissal email sent
Mr Humphries sent an email to the claimant at 12:18 with the outcome letter attached, also posted.
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Claimant read dismissal email
The tribunal found that the claimant and his wife read the dismissal email on this date.
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Appeal extension requested
Mr Owolade emailed requesting an extension to appeal, stating the claimant was dismissed on 10 July.
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Grounds of appeal submitted
Mr Owolade submitted grounds of appeal, stating the claimant received the outcome on 10 July.
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ACAS early conciliation started
The claimant contacted ACAS to begin early conciliation.
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Claim presented to tribunal
The claimant presented his ET1 claim form to the tribunal.
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Final hearing begins
The final hearing commenced at East London Hearing Centre.
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Judgment issued
The tribunal dismissed the claims as out of time.
The legal issue
The tribunal had to decide whether the claim was presented within the statutory three-month time limit, and if not, whether it was reasonably practicable for the claimant to have done so.
The outcome
The tribunal dismissed the claim as out of time. The effective date of termination was 11 July 2020 (when the claimant read the dismissal email), making the deadline 10 October 2020. The claimant contacted ACAS on 12 October 2020, two days late. The tribunal held that it was reasonably practicable to have started early conciliation in time, so no extension was granted.
Lessons & takeaways
- The time limit for unfair dismissal claims runs from the date you are told of your dismissal, not the date the letter is posted.
- Contact ACAS early conciliation as soon as possible after dismissal – even a two-day delay can be fatal.
- If you have any doubt about the effective date of termination, act promptly to protect your claim.
- Keep a record of when you received and read any dismissal communication, as that date may be critical.
When a day makes all the difference
This case shows how strictly employment tribunals apply time limits, even when the delay is only two days. The former employee was dismissed by email on 10 July 2020, and he and his wife read it the next day. That made 11 July the effective date of termination, meaning the three-month deadline to start ACAS early conciliation was 10 October 2020. He contacted ACAS on 12 October – two days late.
What could have been done differently
The claimant had a representative and was actively pursuing an internal appeal. The tribunal noted that he was aware of the time limit and could have contacted ACAS earlier. The key lesson: don't wait until the last moment. Even if you are appealing internally, start the ACAS process straight away to preserve your claim.
Why this matters
This case is a reminder that time limits are rigid. The tribunal found that it was reasonably practicable for the claimant to have presented his claim in time – he simply missed the deadline by a narrow margin. For anyone considering a tribunal claim, the message is clear: act immediately after dismissal, and never assume that a few days' delay will be excused.
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