By Jazmeer Jackson, Employment Rights Lawyer &

 Neil Guss Regional Employment Rights Manager

Background 

Ms Raison worked as the Chief Commercial Officer at DF Capital Bank. Her employment ended on 17 February 2023. Before it ended, she started the ACAS Early Conciliation (EC) process on 13 February 2023, which finished on 28 February 2023. She brought her claim for unfair dismissal based on whistleblowing on 30 May 2023. 

At the centre of the case was whether the time she spent in the Early Conciliation process—both before and after her employment ended—could be counted towards extending her deadline to bring the claim. 

Key Issues 

• The tribunal originally dismissed her claim because it was submitted three days too late. 

• Ms Raison argued that the full EC period should extend the time limit for bringing her claim. 

• The tribunal disagreed and ruled that only the part of the EC period that happened after her employment ended could extend the time limit. 

• She appealed, arguing this interpretation was unfair and legally wrong. 

Outcome 

The Employment Appeal Tribunal (EAT) dismissed Ms Raison’s appeal. It agreed with the original tribunal that: 

• The law only allows the limitation “clock” to pause once a person’s employment has ended. 

• Any EC time before the termination date doesn’t count towards extending the deadline. 

• While other tribunals had interpreted the law differently, the EAT found the wording of the statute clear and supported by existing case law. 

• The EAT also upheld the finding that it had been reasonably practicable for Ms Raison to submit her claim on time, especially since she had legal advice. 

Why This Matters 

This ruling clarifies how the time limit for bringing an unfair dismissal claim is extended by the EC period. It confirms that only EC time that falls after your job ends can extend the deadline. Starting Early Conciliation before your dismissal doesn’t buy you more time unless part of the process continues beyond your final working day. 

It’s a reminder that timing matters—and getting legal advice early is key. But even with legal advice, you may still be out of time if your advisers rely on an interpretation that’s later found to be incorrect.