Unfair Dismissal and Unpaid Notice Pay Claim Allowed by Employment Tribunal
📌 In brief
In this Employment Tribunal case, the claimant's complaints of unfair dismissal and unpaid notice pay were allowed to proceed despite initial time limit issues. An additional amendment for harassment related to sex was also accepted by agreement.
⚖️ Legal holding
A claim can proceed if it is not reasonably practical to present the complaint within the initial time limit but is presented within a further reasonable period.
📖 Technical summary
The claimant's complaints of unfair dismissal and unpaid notice pay were accepted due to reasonable impracticality within a further period, and an amendment for harassment was agreed.
📜 Headnote Official document
The claimant's complaints of unfair dismissal and unpaid notice pay were accepted due to reasonable impracticality within a further period, with an amendment for harassment agreed by the parties. The decision was made in Manchester on February 10, 2026.
📚 Full judgment Official document
OUTCOME: Allowed
Case Number: 6003629/2025 & 2401770/2025
1
EMPLOYMENT TRIBUNALS
Claimant Miss [APPELLANT]. [APPELLANT]
Respondent [APPELLANT].
Heard at: Manchester (by CVP)
On: 10 February 2026
Before: Judge Callan (sitting alone)
Representation
For the Claimant: [redacted]
For the Respondent: [redacted]
JUDGMENT
1. The claimant’s complaints of unfair dismissal and unpaid notice pay were not presented within the applicable time limit, but it was not reasonably practical to do so. The complaint of unfair dismissal and unpaid notice pay were presented within a further reasonable period. The claim will therefore proceed.
2. The claimant’s amendment application of 5 February 2026 to include a claim of harassment related to sex is accepted by agreement of the parties.
Judge Callan
Dated 11 February 2026
Case Number: 6003629/2025 & 2401770/2025
2 Sent to the parties on:
24 April 2026
For the Tribunals Office
Note Written reasons for the judgment will not be provided unless a request is made by either party within 14 days of the sending of this written record of the decision. If written reasons are requested they will be placed on line.
Public access to employment tribunal decisions Judgments and reasons for the judgments are published, in full, online at www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the claimant (s) and respondent(s) in a case.
Recording and Transcription
Please note that if a Tribunal hearing has been recorded you may request a transcript of the recording, for which a charge may be payable. If a transcript is produced it will not include any oral judgment or reasons given at the hearing. The transcript will not be checked, approved or verified by a judge. There is more information in the joint Presidential Practice Direction on the Recording and Transcription of Hearings, and accompanying Guidance, which can be found here:
https://www.judiciary.uk/guidance-and-resources/employment-rules-and- legislation-practice-directions/
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Employment Tribunal Employment Tribunal: Claimants Not Found to Be Employees
- Employment Tribunal Claimant's Employment Claims Dismissed by Employment Judge Lancaster
- Employment Tribunal Home Office Wins Disability Discrimination Case at Employment Tribunal
- Employment Tribunal Employment Tribunal Dismisses Claims for Being Out of Time
- Employment Tribunal Unfair Dismissal Claim Rejected by Employment Tribunal
- Employment Tribunal Employment Tribunal Dismisses Claims Due to Time Limit Issues
- Employment Tribunal Employment Tribunal Rejects All Claimant's Complaints Against Employer
- Employment Tribunal Employment Tribunal Rejects Disability Discrimination and Victimisation Com…
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The claimant presented their case within a reasonable period after it became impractical to do so.
- An employer must compensate an employee for breaches of the employment contract regarding notice periods and wrongful dismissal.
- An employer must provide fair redundancy procedures to avoid unfair dismissal claims.
❌ Tends to be rejected
- A worker is not considered an employee under section 230 of the Employment Rights Act 1996 if they do not meet the statutory definition.
- An employer is not required to make reasonable adjustments for an employee who does not legally qualify as disabled under the Equality Act 2010.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The claimant's complaints about unfair dismissal, unpaid notice pay, and harassment were allowed to proceed.
Who was involved?
A worker (the claimant) and their employer (Acorn Care and Education Ltd.).
How did the court decide, and why?
The court decided that it was not reasonably practical for the claim to be presented within the initial time limit but accepted it within a further reasonable period.
Which laws or rules were applied?
The Employment Rights Act 1996 section 98 was cited.
What was the argument that mattered most?
The impracticality of presenting the claim within the initial time limit and its acceptance within a further reasonable period.
Was the decision for or against the person who brought the case?
For the person who brought the case.
What does this mean for someone in a similar situation?
Someone facing similar issues may have their claim accepted if it was impractical to present within the initial time limit.
What evidence or documents mattered?
The judgment did not specify any particular evidence or documents.
Can a decision like this be appealed?
Yes, decisions from Employment Tribunals can often be appealed to an Employment Appeal Tribunal.
Is it worth getting a solicitor for a case like this?
It is highly recommended to seek advice from a qualified solicitor for such cases.