Missed Your Tribunal Deadline? You Might Still Have Options | Yerty Guides

This article applies to England, Wales and Scotland. It is not tailored to Northern Ireland.

If you've just realised you've missed your tribunal deadline, don't panic – but do act immediately.

According to ACAS: "If your time limit has passed, you can still make a claim to an employment tribunal. It's up to the judge to decide whether they will accept your claim." (Source: https://www.acas.org.uk/employment-tribunal-time-limits). While time limits are strictly enforced in most cases, extensions do happen when there are good reasons.

This guide explains when late claims might be accepted, what you need to prove, and what to do right now.

First Things First: You Can Still Try

The most important message: Submit your claim anyway.

Even if you're late, the tribunal will review your case and decide whether to accept it. The worst they can say is no – but if you don't try, you've definitely lost your chance. Many workers assume it's hopeless and don't even attempt to submit late.

What happens with late claims:

You submit your ET1 form with an explanation for the delay
The tribunal reviews your reasons
A judge decides whether to accept your claim
If accepted, your case proceeds normally
If rejected, you might have other legal options

It's recommended to speak to an employment lawyer who may help you understand the strength of your reasons in respect to your claim type, and can help you explain your reasons.

The Two Different Tests – Which Applies to You?

Tribunals use different tests depending on your type of claim. This matters because some tests are easier to meet than others.

Test 1: "Not Reasonably Practicable" (The Stricter Test)

Applies to:

Unfair dismissal
Constructive dismissal
Unpaid wages
Unauthorised deductions
Redundancy pay
Whistleblowing detriment
Most statutory employment rights

What it means: You must show it wasn't reasonably possible for you to submit your claim on time. This is a tough test – judges look at whether something genuinely prevented you from claiming, not just whether it was difficult.

Examples that might work:

You were hospitalised or seriously ill
You were given wrong information by ACAS, a solicitor, or the tribunal
Your employer actively misled you about deadlines
There was a genuine postal strike or technical failure
You had severe mental health crisis making you unable to act

What usually doesn't work:

"I didn't know about the deadline"
"I was waiting for my employer to respond"
"I was too stressed to deal with it"
"I thought my union was handling it"
General work or family pressures

Test 2: "Just and Equitable" (The More Flexible Test)

Applies to:

All discrimination claims (race, sex, disability, age, etc.)
Harassment
Victimisation
Equal pay claims

What it means: The judge considers whether it's fair and just to allow your late claim, weighing up all circumstances including the impact on both you and your employer.

Factors judges consider:

How late you are (days vs months)
Why you didn't claim earlier
Whether you acted promptly once you knew your rights
If evidence is still available
Impact on the employer of allowing late claim
Strength of your case
Whether you took any other action (like grievances)

This test gives you a better chance, but you still need good reasons.

Real-Life Examples: When Courts Say Yes and No

Late claims that were rejected:

A worker submitted their claim 88 seconds late after mistyping the tribunal email address. Despite the tiny delay, it was rejected – they'd left it until 11:44pm on the deadline day without good reason.

Another employee's claim arrived on Monday when the deadline was Sunday. They'd posted it on Friday, not realising weekends count. The tribunal said they should have acted sooner.

A solicitor didn't check their client's form properly and entered the wrong ACAS number. By the time it was corrected, the deadline had passed. The tribunal said proper checks should have been done.

Late claims more likely to succeed:

An employee was in intensive care when their deadline passed. With medical evidence, tribunals often accept these claims.

A worker received written confirmation from their employer's HR that they had six months to claim (wrong information). This misleading advice can justify an extension.

Someone experiencing severe depression with medical evidence showing they couldn't function during the deadline period. Mental health crises, properly documented, can succeed.

The lesson: Tribunals look at the whole picture. Last-minute submissions that go wrong rarely get sympathy. Genuine barriers to claiming, properly evidenced, have a chance.

What to Do Right Now – Your Action Plan

If you're days or weeks late:

Today:

Start your ET1 form immediately – don't delay another day
Call ACAS on 0300 123 1100 for urgent advice
Write down exactly why you're late – be specific with dates
Consider getting legal advice from a specialist lawyer
Gather any evidence for your delay (medical notes, emails, etc.)

This week:

Submit your claim with a covering letter explaining the delay
Be honest about why you're late
Get legal advice if possible – some solicitors specialise in late claims
Don't give up if it seems unlikely – try anyway

If you're months late:

You face an uphill battle, but still:

Check if you have a discrimination element to your case (easier test)
Look for exceptional circumstances that prevented you claiming
Consider alternative legal routes (see below)
Get specialist legal advice – this is complex territory

How to Explain Your Delay to the Tribunal

When completing your ET1 form or writing to the tribunal, include:

Essential information:

The exact date you realised you were late
Why you didn't/couldn't submit on time
What steps you took once you knew about the deadline
Any evidence supporting your explanation
Why it would be fair to accept your claim despite the delay

Example explanation structure: "I was dismissed on [date] giving a deadline of [date]. I did not submit my claim by this date because [specific reason]. I became aware of the deadline on [date] when [what happened]. I immediately [action taken]. I have evidence of [what evidence]. I believe it would be just to accept my late claim because [reasons]."

Be honest. A genuine, evidenced reason is better than elaborate excuses.

Common Myths About Late Claims

Myth: "One day late means it's over" Reality: While deadlines are strict, judges do sometimes accept late claims with good reasons.

Myth: "My employer said I can't claim now" Reality: Only the tribunal decides this, not your employer.

Myth: "I need a perfect case to claim late" Reality: You need good reasons for delay, but your case strength is separate.

Myth: "Solicitors can magically fix missed deadlines" Reality: They can help present your case, but can't change the legal tests.

Myth: "Mental health isn't a valid excuse" Reality: Severe mental health issues, properly evidenced, can justify extensions.

The Bottom Line for Workers

Missing your tribunal deadline is serious but not always fatal. The key is acting immediately once you realise. Every day you delay now makes it harder to succeed.

Remember:

Submit your claim even if late – let the tribunal decide
Different claims have different tests for extensions
Discrimination claims have a better chance than unfair dismissal
You need genuine reasons, not just excuses
Evidence is crucial – gather everything you can
Other legal routes might exist if tribunal says no

Most importantly: Don't give up without trying. The worst the tribunal can say is no. But if you don't submit at all, you've guaranteed that outcome yourself.

Get Help Now

ACAS Helpline: 0300 123 1100 Free, impartial advice on late claims and your options

Citizens Advice: www.citizensadvice.org.uk Help understanding your situation

Find a Solicitor: www.solicitors.lawsociety.org.uk Search for employment law specialists

Remember: Time is even more critical now. Every day matters. Start today.

Sources

"Employment tribunal time limits", ACAS – www.acas.org.uk/employment-tribunal-time-limits
"Time limits", Gov.uk – www.gov.uk/employment-tribunals
Employment Rights Act 1996
Equality Act 2010, Section 123
"Early conciliation", ACAS – www.acas.org.uk/early-conciliation