Former child actor's claim against Disney struck out for being 10 months late
An 11-year-old's unfair dismissal claim against Disney was struck out because it was filed over 10 months after the deadline. The tribunal said it was not just and equitable to extend time.
1 min read · Last updated 19 May 2026
Case details
- #child-claimant
- #online-submission-issue
- #out-of-time
- #strike-out
- #just-and-equitable
Key facts
- The claimant was engaged by the respondent from 23 June to 19 November 2021, when she was 11 years old.
- ACAS Early Conciliation took place between 7 January and 11 February 2022.
- The claim form was received by the Employment Tribunal on 25 January 2023, over ten months after the deadline.
- The claimant's mother MB attempted to submit the claim online but was unable due to the system requiring the claimant's date of birth, which she could not enter because the claimant was under 18.
- MB did not submit a paper claim form, believing it would be processed the same way and rejected.
- The tribunal found it was reasonably practicable to post the claim in time and that there was no good reason for the delay.
Timeline
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Engagement started
The claimant began her engagement with the respondent.
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Engagement ended
The claimant's engagement with the respondent ended.
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ACAS Early Conciliation started
ACAS Early Conciliation was entered.
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ACAS Early Conciliation ended
ACAS Early Conciliation ended.
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First online attempt
MB first attempted to submit the claim online but was unable due to the date of birth issue.
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Deadline for claim
The last date for submitting the claim within the time limit (Friday 25 March 2022).
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Contacted Tribunal
MB emailed the London Central Employment Tribunal and spoke to the Contact Centre about the issue.
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Claim submitted online
The claim form was successfully submitted online.
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Case management hearing
Employment Judge Plowright held a case management hearing and ordered a preliminary hearing on jurisdiction.
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Preliminary hearing
Employment Judge Norris held a preliminary hearing and struck out the claim.
The legal issue
The tribunal had to decide whether to extend the time limit for the claimant's discrimination and unfair dismissal claims, and whether it was just and equitable to do so given the difficulties with online submission.
The outcome
The tribunal struck out the claim because it was brought out of time and there was no good reason for the delay.
- The claim was due by 25 March 2022 but was not submitted until 25 January 2023.
- The claimant's mother tried to submit online but the system rejected the child's date of birth; she did not post a paper claim.
- The tribunal found it was reasonably practicable to post the claim and that the delay was not justified.
Lessons & takeaways
- If you cannot submit a claim online, you can always post a paper claim to the tribunal – do not assume it will be rejected.
- Time limits for employment claims are strict; even a few days' delay can be fatal, especially if there is no good reason.
- If you are representing a child, check the tribunal's guidance on how to submit claims for minors – the online system may not accept their details.
- Contact the tribunal immediately if you encounter technical issues – waiting months is unlikely to be seen as a reasonable response.
What this case shows in practice
This case highlights the harsh reality of employment tribunal time limits. A former child actor, aged just 11 when her engagement with Disney ended, had her entire claim struck out because it was filed over 10 months late. Her mother, who acted as litigation friend, tried to submit the claim online but the system would not accept the child's date of birth. Instead of posting a paper claim, she waited – and eventually, in January 2023, the online system worked. By then, the deadline had long passed.
What the losing side could have done differently
The tribunal made clear that it was 'reasonably practicable' to have posted the claim form. The mother had successfully emailed the tribunal and spoken to the contact centre, so she knew how to reach them. A simple paper submission, even after the deadline, would have been better than waiting nearly a year. The tribunal also noted that the mother's witness statement focused on an application to amend the claim rather than explaining the delay, which did not help her case.
Why the result matters for similar claims
This decision is a reminder that technical difficulties with online systems are not a free pass. Tribunals expect claimants to use alternative methods – like post – if the online portal fails. For anyone representing a child or vulnerable person, it is essential to check the tribunal's guidance early and to act promptly if problems arise. Waiting and hoping the system will eventually work is a risky strategy that can cost you the right to bring a claim at all.
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