Former employee's claim dismissed after ACAS contact was one day late
A former employee's unfair dismissal claim was thrown out because he contacted ACAS one day late and submitted his claim about a week outside the time limit. The tribunal found no evidence to extend time.
1 min read · Last updated 19 May 2026
Case details
- #late-acas-conciliation
- #time-limit
- #reconsideration-refused
- #no-evidence
Key facts
- The claimant was one day late in his approach to ACAS for early conciliation.
- The claim was submitted around a week outside the standard three month time limit.
- The claimant did not give any evidence about why he was late with his ACAS notification or claim submission.
- The reconsideration application raised points about the respondent's conduct but did not explain why evidence was not given at the preliminary hearing.
Timeline
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Preliminary hearing
Employment Judge Anstis heard the case and gave oral judgment dismissing most claims except for direct sex and race discrimination claims on 28 February 2023 and extending time for claims on 26 January 2023.
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Reconsideration application
The claimant applied for reconsideration of the judgment before the written record was sent.
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Judgment sent to parties
The written record of the judgment was sent to the parties.
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Reconsideration refused
Employment Judge Anstis refused the reconsideration application, finding no reasonable prospect of the original decision being varied or revoked.
The legal issue
The tribunal had to decide whether it was reasonably practicable for the former employee to bring his non-discrimination claims within the three-month time limit, given that he was one day late in contacting ACAS and submitted his claim about a week late.
The outcome
The tribunal dismissed all claims except for direct sex and race discrimination claims on specific dates, where time was extended as just and equitable.
- The claimant was one day late in his ACAS early conciliation approach, meaning no extension of time from ACAS.
- He submitted his claim around a week outside the standard three-month limit.
- He gave no evidence about why he was late, so the tribunal found it was not reasonably practicable to extend time.
- A reconsideration application was refused as it raised points about the respondent's conduct but did not explain the lack of evidence at the hearing.
Lessons & takeaways
- Contact ACAS early conciliation as soon as possible — being even one day late can lose the automatic extension of time.
- If you miss the time limit, you must provide clear evidence explaining why it was not reasonably practicable to claim on time.
- A reconsideration application must address the specific reasons for the original decision, not just raise new complaints about the employer.
- Seek legal advice early to understand strict time limits and the need for evidence at preliminary hearings.
A costly one-day delay
This case shows how unforgiving employment tribunal time limits can be. The former employee was just one day late in contacting ACAS for early conciliation — a step that normally pauses the clock. Because of that single day, he lost the automatic extension and his claim was submitted about a week outside the three-month limit.
No evidence, no extension
At the preliminary hearing, the tribunal gave the claimant the opportunity to explain the delay. But he did not give any evidence — no witness statement, no explanation in writing, nothing. Without evidence, the tribunal could not find it was 'not reasonably practicable' to claim in time. The judge noted that the claimant's reconsideration application raised concerns about the school's conduct, but that did not address the key issue: why no evidence was provided at the hearing.
What could have been done differently
The claimant could have prepared a short statement explaining the delay — for example, if he was unwell, had language difficulties, or misunderstood the process. Even a brief explanation might have persuaded the tribunal to extend time. The employer, The Langley Hall Primary Academy Trust, was represented by counsel and successfully argued that the claim was out of time.
Why this matters
For anyone considering a tribunal claim, the message is clear: time limits are strict, and ACAS conciliation must be started promptly. If you are late, you must be ready to explain why with evidence. A failure to do so can mean your entire claim is dismissed, regardless of its merits.
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