How To Submit A Late Employment Tribunal Claim After Dismissal

What a late Employment Tribunal claim means

Employment Tribunal claims must normally be submitted within strict legal time limits. In dismissal-related disputes, including unfair dismissal and wrongful termination-related claims, the standard limitation period is generally 3 months minus 1 day from the effective date of termination or the act complained of.

A late claim is one submitted after this deadline. Tribunals do not automatically reject late claims, but they will only allow them to proceed in limited circumstances where specific legal tests are satisfied.

Understanding how to submit a late claim requires knowledge of the limitation rules, the Employment Tribunal discretion to extend time, and the procedural requirements for lodging an out-of-time claim.

Legal framework for late Employment Tribunal claims

Employment Rights Act 1996

Most dismissal-related claims fall under the Employment Rights Act 1996. Time limits are strict, but tribunals may extend time in certain cases depending on the type of claim and statutory wording.

Employment Tribunal Rules of Procedure 2013

The Tribunal Rules govern how claims are submitted and how late applications are handled. Tribunals have discretion to consider late claims where it is “just and equitable” to do so (in discrimination-type claims) or where it was “not reasonably practicable” to submit in time (in unfair dismissal claims).

ACAS Early Conciliation

Before submitting most tribunal claims, claimants must go through ACAS Early Conciliation. This process affects limitation periods by pausing or extending deadlines while conciliation takes place.

Step-by-step: how to submit a late Employment Tribunal claim

Step 1: Confirm the original deadline

The first step is to identify the correct limitation date.

For most dismissal-related claims:

• Deadline is 3 months minus 1 day from dismissal date
• ACAS Early Conciliation “stops the clock” during negotiation
• The limitation date must be recalculated including any pause period

If the deadline has passed, the claim is considered late and must include a reason for delay.

Step 2: Start ACAS Early Conciliation (if not already done)

Even for late claims, ACAS Early Conciliation is still required before filing.

During this stage:

• ACAS contacts both parties
• Attempts settlement
• Issues an Early Conciliation certificate

The certificate is required to submit a tribunal claim, even if the claim is out of time.

Step 3: Prepare the ET1 claim form

The ET1 form is the formal Employment Tribunal claim document.

For a late claim, it must include:

• Details of the dismissal
• Legal basis of the claim (e.g. unfair dismissal, wrongful dismissal, discrimination)
• Explanation of why the claim is late
• Supporting facts and chronology
• Any relevant evidence available

The explanation for lateness is critical, as the tribunal will assess whether the claim should be allowed to proceed.

Step 4: Provide a detailed explanation for lateness

Tribunals apply different legal tests depending on the type of claim.

Unfair dismissal claims

The test is whether it was “not reasonably practicable” to submit the claim in time.

Examples may include:

• Serious illness
• Incorrect legal advice or misinformation
• Administrative or procedural barriers beyond control
• Exceptional personal circumstances

Discrimination claims

The tribunal applies the “just and equitable” test, which is broader and considers:

• Length and reason for delay
• Prejudice to both parties
• Whether the claimant acted promptly once aware of rights
• Strength of the underlying claim

Step 5: Submit the ET1 form to the tribunal

The claim is submitted online or by post to the Employment Tribunal.

A late claim is not rejected automatically. Instead:

• It is accepted for processing
• The employer is notified
• The tribunal considers timeliness as a preliminary issue or during case management

Step 6: Prepare for a preliminary hearing (if required)

If lateness is disputed, the tribunal may hold a preliminary hearing to decide whether the claim can proceed.

At this stage:

• Both parties present arguments on delay
• Evidence relating to timing is reviewed
• The tribunal applies the relevant legal test

The outcome determines whether the substantive claim continues.

Legal tests for allowing late claims

“Not reasonably practicable” test (unfair dismissal)

This is a strict test. The claimant must show that it was genuinely impossible or impractical to submit the claim in time.

Tribunals consider:

• Whether the claimant knew of the time limit
• Whether legal advice was available
• Whether illness or incapacity prevented action
• Whether the delay was outside the claimant's control

“Just and equitable” test (discrimination-related claims)

This is more flexible and involves balancing factors such as:

• Length of delay
• Reason for delay
• Conduct of both parties
• Availability of evidence
• Fairness to employer and claimant

Even strong claims can be rejected if delay is excessive without good reason.

Common reasons for late Employment Tribunal claims

1. Lack of awareness of time limits

Many claimants do not realise the strict 3-month deadline applies.

2. Ongoing internal procedures

Appeals or grievances do not usually extend tribunal deadlines.

3. Health or personal circumstances

Serious illness or incapacity may justify delay in limited cases.

4. Misunderstanding ACAS Early Conciliation timing

Some claimants miscalculate limitation after conciliation.

5. Delayed legal advice

Late consultation with solicitors or advisers may affect timing.

Evidence needed to support a late claim

To justify a late submission, supporting evidence may include:

• Medical records (if illness is relied upon)
• Correspondence with ACAS
• Emails showing attempts to resolve dispute
• Proof of when legal advice was sought
• Chronology of events leading to delay

Strong documentary evidence significantly improves the chance of acceptance.

Risks of submitting a late tribunal claim

Submitting a late claim carries procedural risk:

• Claim may be struck out without a full hearing
• Employer may successfully oppose jurisdiction
• Costs and time may be wasted if claim is refused
• Delay can weaken perceived credibility of case

Even valid claims can fail if lateness is not adequately explained.

Relationship between late claims and wrongful dismissal

Wrongful dismissal claims (breach of contract) can sometimes be brought in civil courts with longer limitation periods (typically 6 years). However, when combined with Employment Tribunal claims, tribunal time limits remain strictly enforced.

This distinction is important when considering strategic legal routes.

Practical considerations before submitting a late claim

• Calculate limitation periods carefully, including ACAS pauses
• Identify which legal test applies to the claim type
• Provide a clear and detailed explanation for delay
• Gather supporting evidence before submission
• Avoid generic or unsupported explanations

Tribunals focus heavily on timing and justification when assessing admissibility.

Key Takeaways

Submitting a late Employment Tribunal claim after dismissal requires careful justification of why the statutory deadline was missed. The tribunal will only allow the claim to proceed if it is satisfied under strict legal tests-either that it was not reasonably practicable to submit in time (unfair dismissal) or that it is just and equitable to extend time (discrimination-related claims).

The process involves completing ACAS Early Conciliation, submitting an ET1 form with a full explanation for delay, and potentially attending a preliminary hearing. The success of a late claim depends heavily on the strength of evidence explaining the delay.