Breach of contract claim dismissed as time-barred after ACAS and legal advice missed deadline
A former employee's breach of contract claim against Shaw Trust Ltd was dismissed because he filed his claim one day late, despite receiving advice from ACAS and an independent advisor who failed to mention the time limit.
1 min read · Last updated 19 May 2026
Case details
- #breach-of-contract
- #unfair-dismissal
- #time-barred
- #acas-advice
- #legal-advice-failure
Key facts
- The claimant was dismissed on 24 January 2023.
- The claimant had less than two years' service, so the unfair dismissal claim was struck out.
- The claimant filed his early conciliation request on 24 April 2023, one day after the deadline.
- The claimant received advice from ACAS and an independent advisor, but neither informed him of the time limit.
- The claimant did not inquire about time limits himself.
Timeline
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Dismissal
The claimant was dismissed with immediate effect.
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Appeal initiated
The claimant wrote to the respondent to pursue an internal appeal.
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Appeal acknowledged
The respondent confirmed an independent manager would hear the appeal.
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Appeal concluded
The internal appeal upheld the dismissal.
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ACAS meeting and legal advice
The claimant met with ACAS and obtained independent legal advice; no time limits were discussed.
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ACAS informed of time limit
ACAS told the claimant about the time limit; he filed for early conciliation the same day.
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Early conciliation certificate issued
ACAS issued the certificate.
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Claim filed
The claimant filed his claim with the tribunal.
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Preliminary hearing
The tribunal heard the issue of whether the breach of contract claim was in time.
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Judgment
The tribunal dismissed the breach of contract claim as time-barred.
The legal issue
Whether the former employee's breach of contract claim was presented within the three-month time limit from dismissal, and if not, whether it was not reasonably practicable for him to do so, allowing a further reasonable period.
The outcome
The tribunal dismissed the breach of contract claim as time-barred.
The key reason was that the claimant filed his early conciliation request one day after the three-month deadline. He had received advice from ACAS and an independent advisor, but neither told him about the time limit. The tribunal held that the claimant could have asked about time limits himself, especially given he was pursuing an internal appeal and had access to resources. Therefore, it was reasonably practicable for him to file in time.
No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- Check time limits yourself even if you are getting advice from ACAS or a lawyer — they may not always mention deadlines.
- The three-month time limit for unfair dismissal and breach of contract claims runs from the effective date of termination, not the end of any internal appeal.
- If you are unsure about time limits, ask your advisor directly or look up the rules on the government website.
- Relying on an internal appeal does not pause the tribunal time limit — you should file your claim within three months of dismissal to be safe.
This case shows how missing a deadline by even one day can cost you the chance to bring a claim, even if you sought advice from ACAS and a legal advisor.
What happened
The former employee was dismissed on 24 January 2023. He immediately started an internal appeal, which concluded on 3 April 2023. On 4 April, he met with ACAS and an independent advisor, but neither mentioned the strict three-month time limit for tribunal claims. He only learned about it on 24 April — one day after the deadline — and immediately filed for early conciliation. The tribunal found that he had not done everything reasonably possible to find out about the time limit. He could have asked his advisors or checked online.
What the losing side could have done differently
The employee could have asked ACAS or the advisor about deadlines. He also could have looked up the rules himself, especially since he was actively pursuing an appeal. The tribunal noted that he had access to the internet and could have found the information easily.
Why this matters
This case is a reminder that time limits are strictly enforced. Even if you receive poor advice, the tribunal may still hold you responsible for finding out the rules. If you are considering a claim, check the time limit immediately after dismissal and do not rely solely on others to inform you.
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