Disability discrimination claims dismissed as out of time: a reminder on tribunal deadlines
A former optician employee's disability discrimination claims were dismissed because they were filed too late. The tribunal refused to extend the time limit, finding it was not just and equitable to do so.
1 min read · Last updated 19 May 2026
Case details
- #disability-discrimination
- #time-limits
- #out-of-time
- #not-just-and-equitable
Key facts
- The claimant presented claims of disability discrimination, unfair dismissal, and unlawful deductions.
- The unfair dismissal and unlawful deductions claims were dismissed as out of time.
- The disability discrimination claims were also dismissed as out of time.
- The tribunal found it was not just and equitable to extend the time limit for the disability discrimination claims.
Timeline
-
Preliminary hearing
Employment Judge Welch dismissed claims for unfair dismissal and unlawful deductions as out of time, and refused a deposit order for disability discrimination claims.
-
Disability status hearing
Employment Judge Postle determined that the claimant is a disabled person within the meaning of the Equality Act 2010.
-
Final hearing (day 1)
The tribunal heard evidence and submissions on the disability discrimination claims.
-
Judgment
Employment Judge McTigue and members dismissed all remaining claims as out of time, finding it not just and equitable to extend time.
The legal issue
The tribunal had to decide whether the former employee's disability discrimination claims were filed within the legal time limit, and if not, whether it was fair to extend that limit.
The outcome
The tribunal dismissed all remaining claims of disability discrimination, including direct discrimination, discrimination arising from disability, failure to make reasonable adjustments, harassment, and victimisation.
The key reason was that the claims were presented too late. The tribunal considered whether it would be 'just and equitable' to extend the time limit but decided it would not, given the circumstances.
No compensation was awarded as the claims were dismissed entirely.
Lessons & takeaways
- Employment tribunal claims must usually be brought within three months of the act you are complaining about – missing this deadline can be fatal to your case.
- Even if you have a disability, time limits still apply; the tribunal will only extend them in exceptional circumstances.
- If you think you may have a claim, seek legal advice as soon as possible – delays can cost you your right to bring a case.
- A preliminary hearing may decide time limit issues early, so be prepared to explain why any delay was justified.
This case shows how strict employment tribunal time limits can be, even for disability discrimination claims. The former employee had already won a preliminary ruling that they were disabled under the Equality Act, but that did not save their claims from being thrown out because they were filed too late.
What went wrong
The tribunal found that the disability discrimination claims were not presented within the three-month time limit. The former employee argued that it would be 'just and equitable' to extend the time, but the tribunal disagreed. The decision turned on the specific facts – the tribunal did not consider the delay justified, even though the employee had a disability.
What could have been done differently
The key lesson is to act quickly. If you believe you have been discriminated against at work, you should raise a grievance and consider bringing a tribunal claim promptly. Waiting too long – even for a few weeks – can mean losing your right to claim, no matter how strong your case might be on the facts.
Why this matters
This case is a reminder that tribunals will not automatically extend time limits just because a claimant is disabled. The 'just and equitable' test is a high hurdle. For anyone considering a discrimination claim, the message is clear: do not delay. Seek advice and, if necessary, submit a claim to protect your position, even if you are still gathering evidence.
Similar cases
19-year employee's claims dismissed as out of time despite disabilities
A bureau operator with 19 years' service had his claims for breach of contract and discrimination thrown out because they were lodged over four years after his dismissal.
Former employee's unfair dismissal claim dismissed as two days late
A former employee's unfair dismissal and most disability discrimination claims were struck out after he presented his claim two days late, due to a misunderstanding of the time limit.
Former employee's unfair dismissal and disability claims dismissed as out of time
A former employee's unfair dismissal and disability discrimination claims have been dismissed by an employment tribunal because they were presented too late, with no medical evidence to justify the delay.
Epilepsy discrimination claims dismissed as out of time: a lesson in tribunal deadlines
A fraud consultant with epilepsy lost his disability discrimination and constructive dismissal claims against Lloyds Bank because he filed them too late. The tribunal also found the claims lacked merit.