Unfair dismissal claim struck out after email submission ignored automatic reply
A former employee's unfair dismissal claim was struck out as out of time after she emailed her ET1 form and failed to read the tribunal's automatic reply stating that claims cannot be accepted by email.
2 min read · Last updated 19 May 2026
Case details
- #time-limit
- #reasonably-practicable
- #mistaken-belief
- #email-submission
- #acas-early-conciliation
Key facts
- Miss Smith was dismissed on 28 October 2022.
- She emailed her ET1 claim form to the Tribunal on 19 December 2022.
- The Tribunal's automatic reply stated that claims cannot be accepted by email.
- Miss Smith did not read the automatic reply and believed her claim was validly presented.
- The Tribunal sent a letter on 21 December 2022 returning the claim form, but Miss Smith did not receive it.
- Miss Smith did not contact the Tribunal again until 7 June 2023.
Timeline
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Dismissal
Miss Smith was dismissed with immediate effect.
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ACAS early conciliation started
Miss Smith contacted ACAS and was told about the three-month time limit.
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ACAS certificate issued
ACAS early conciliation certificate issued.
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Claim form emailed
Miss Smith emailed her ET1 form to the Tribunal and received an automatic reply stating claims cannot be accepted by email.
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Tribunal letter sent
The Tribunal wrote to Miss Smith returning her claim form because it was not submitted via a prescribed method. Miss Smith says she did not receive this letter.
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Primary time limit ends
The three-month time limit for presenting an unfair dismissal claim expired (adjusted for ACAS conciliation).
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Enquiry email sent
Miss Smith emailed the Tribunal asking about progress but received no substantive response.
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Letter to Tribunal
Miss Smith sent a letter to the Tribunal's Central Office enclosing another copy of her ET1 form.
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Online claim submitted
Miss Smith submitted her ET1 form online.
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Preliminary hearing (day 1)
Hearing to determine whether the claim was presented in time.
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Preliminary hearing (day 2)
Reserved judgment given on 30 October 2023.
The legal issue
Whether the claimant's unfair dismissal claim was presented within the statutory time limit, and if not, whether it was reasonably practicable for her to have done so and whether she presented it within a reasonable period thereafter.
The outcome
The tribunal struck out the claim as out of time.
- The claimant was dismissed on 28 October 2022. She emailed her ET1 form to the tribunal on 19 December 2022, but the automatic reply stated claims cannot be accepted by email. She did not read the reply and believed her claim was validly presented.
- The tribunal sent a letter on 21 December 2022 returning the form, but the claimant said she did not receive it. She did not contact the tribunal again until 7 June 2023, and finally submitted online on 8 June 2023.
- The primary time limit expired on 29 January 2023 (adjusted for ACAS conciliation). The tribunal held that it was reasonably practicable for her to present the claim in time, and she did not present it within a reasonable period after the time limit expired.
Lessons & takeaways
- Always use the prescribed method for submitting an ET1 claim form – online submission is the quickest and easiest, and email is not accepted.
- Read automatic replies from the tribunal carefully; they often contain important information about how to properly submit your claim.
- If you do not receive a case number or acknowledgment within a reasonable time, follow up promptly – delays can result in your claim being struck out.
- The 'reasonably practicable' test for extending time limits is strict; a mistaken belief about the correct submission method is unlikely to excuse a delay.
A costly mistake over email submission
This case highlights the importance of following the correct procedure when submitting an employment tribunal claim. The former employee, who was dismissed on 28 October 2022, emailed her ET1 form to the tribunal on 19 December 2022. She received an automatic reply stating that new claims cannot be accepted by email and directing her to the online submission service. However, she did not read the reply and assumed her claim had been validly presented.
The tribunal sent a letter on 21 December 2022 returning the claim form, but the claimant says she never received it. She did not contact the tribunal again until 7 June 2023, when she sent a letter enclosing another copy of her ET1 form. She finally submitted online on 8 June 2023 – over four months after the primary time limit had expired on 29 January 2023.
What the tribunal decided
The tribunal had to decide whether it was reasonably practicable for the claimant to have presented her claim in time. The test is a strict one: the claimant must show that it was not reasonably practicable to present the claim within the three-month period. The tribunal found that the claimant had been told about the time limit by ACAS, and that she could have submitted online at any time. Her mistaken belief that emailing the form was sufficient did not make it not reasonably practicable to present in time. Furthermore, even if the time limit could be extended, she did not present the claim within a reasonable period after the time limit expired – the delay from February to June 2023 was not justified.
Lessons for claimants
This case is a reminder that employment tribunal claims are subject to strict time limits and procedural requirements. The tribunal's automatic reply contained clear instructions, but the claimant failed to act on them. If you are bringing a claim, use the online submission service and check for any response from the tribunal. If you do not receive a case number or acknowledgment, follow up promptly. Delays can be fatal to your claim, even if you believe you have already submitted it correctly.
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