Hi Experts - legal advice urgently needed. I am part way through a particularly complicated and protracted tribunal process (unfair dismissal, unpaid notice) with a crux point that is proving troublesome to clarify via legal forums or case law. I am the claimant. I've outlined the facts and Tribunal case details as follows in bullets below: The employer dismissed the claimant 02/01/2013. The reason given at time was redundancy. The dismissal was not confirmed in writing despite the claimant’s request. The employer did not observe a consultation period. It was a single day dismissal process. The dismissal was witnessed - another employee was dismissed on the same day (same meeting) also by reason of redundancy. The Claimant had a 3 month notice period and the agreed date of termination was 02/04/2013. The employment began 01/04/2011 meaning the employment term was 2 years and one day based on the date of dismissal plus the contractual notice period. The employer wrote to the claimant with subject header “Re: Redundancy” 14/01/2013 confirming agreement to discharge restrictive covenants in the Employment Terms concerning alternative employment with competitors. There was still goodwill at this stage. The first month of the notice was worked in full and Jan salary was paid/received as expected. Mid-February the employer placed the claimant on Garden leave (verbally) and closed the office premises. The Feb salary was not paid, March salary was not paid, April part salary was not paid. Holiday and redundancy pay were also not paid. Under the case details outlined above the deadline for ET1 was 02/07/2013. The respondent filed ET1 for unfair dismissal and other claims (salary, notice, holiday pay, etc) on 01/07/2013 – one day before the deadline. IMPORTANT FACT: Due to the employer’s unlawful deduction/withholding of the claimant’s salary, the claimant started alternative employment on 11/03/2013, three weeks prior to the end of the notice period. The employer has currently applied for the case to be struck out as out of time due to the submission deadline having apparently changed – due to the claimant having started alternative employment prior to the end of the notice period. Preliminary hearing has been scheduled. The Employer makes the case that the employees act of commencing full term employment elsewhere, represents acceptance of the employer’s fundamental breach (non-payment of salary) and as a result the effective date of termination became 11/03/2013. Therefore the claim submitted 01/07/2013 is out of time based on the revised deadline (11/06/13). From what I have read elsewhere it appears likely the effective date of termination will be revised to 11/03/2013 and the out of time rule will apply. Ordinarily the accepted breach argument would be open/shut case of constructive dismissal however the employer appears safe in this regard due to the 3 month rule. My question is this – does the employer’s failure to properly communicate the termination dates in writing adequately support the grounds that it was “not reasonably practicable” for the claimant to submit the ET1 within the revised deadline? Is there any case law to reference in clarifying the matter? Any advice gratefully received. Happy to clarify further if needed. Pre-hearing scheduled Late Oct. Thanks