Dismissed during long-term sick leave: claims thrown out for missing tribunal deadlines
A production operative with 13 years' service was dismissed for capability due to ill health after a telephone meeting. Most of her claims were struck out as out of time, but one disability discrimination claim will proceed.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant worked as a production operative from at least 2009 until dismissal on 25 October 2022.
- She had osteoarthritis, back pain, finger pain, Reynaud's disease, depression, and anxiety.
- She was dismissed for capability due to ill health after a telephone meeting on 19 October 2022.
- She sent an appeal on 1 November 2022 but the respondent said it was not received.
- She obtained an ACAS early conciliation certificate on 13 February 2023 and presented her first claim on 17 March 2023, which was rejected.
- She presented a second claim on 15 May 2023, which was the subject of this hearing.
Timeline
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Consultant letter
Consultant Rheumatologist wrote requesting a chair at work due to osteoarthritis in feet.
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Signed off work
Claimant signed off for a week with back pain.
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Signed off for two months
Signed off with finger joints painful and back pain.
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Further fit note
Signed off for eight weeks awaiting MSK appointment.
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Telephone meeting
Respondent conducted a telephone meeting about absence.
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Dismissal letter
Claimant dismissed for capability due to ill health, effective 25 October 2022.
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Appeal sent
Claimant sent a grievance/appeal, which respondent says it did not receive.
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Primary time limit expired
Deadline for unfair dismissal and unfavourable treatment claims.
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ACAS certificate
Early conciliation certificate obtained.
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First claim presented
First tribunal claim presented, later rejected.
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Second claim presented
Second tribunal claim presented, which is the subject of this hearing.
The legal issue
The tribunal had to decide whether the claimant's claims were presented within the time limits, and if not, whether time should be extended for unfair dismissal (reasonably practicable test) and for disability discrimination (just and equitable test).
The outcome
The tribunal struck out the unfair dismissal claim because it was presented after the three-month time limit and it was reasonably practicable to present it in time. The claim for failure to make reasonable adjustments was also struck out because it was not just and equitable to extend time.
However, the claim that the dismissal itself was unfavourable treatment because of something arising in consequence of disability was allowed to proceed. The tribunal found it was just and equitable to extend time for that claim because the claimant had mental health difficulties and had sent an appeal that went unanswered.
No compensation was awarded at this stage as the remaining claim will go to a full hearing.
Lessons & takeaways
- If you are dismissed, act quickly: the time limit for unfair dismissal is three months from the effective date of termination, and it is rarely extended.
- Sending an appeal is important, but do not assume it was received – follow up to ensure it arrives, especially if you hear nothing back.
- Mental health difficulties can be a good reason for extending time in disability discrimination claims, but you must still act as soon as you are able.
- Keep copies of all correspondence and note dates carefully – the tribunal will rely on documentary evidence of when you sent things.
A long-serving employee let down by process
This case shows how quickly employment protection can slip away if tribunal deadlines are missed. The claimant had worked for Cranswick Convenience Foods Ltd for 13 years. She suffered from osteoarthritis, back pain, Reynaud's disease, depression and anxiety. After a period of sickness absence, she was dismissed following a short telephone meeting. She sent an appeal but the company said it was never received. She did not chase it up, believing the company was not interested.
What the company could have done differently
The tribunal noted that the claimant had poor English and relied heavily on her daughter. The company did not follow up on the missing appeal or offer any further support. While the dismissal itself was not found to be unfair at this stage, the lack of communication contributed to the claimant's delay in bringing her claims. Employers should ensure that dismissal processes are clear and that appeals are properly acknowledged, especially where the employee has known vulnerabilities.
Why the result matters
The case is a reminder that time limits in employment tribunals are strict. The unfair dismissal claim was struck out because it was presented four months after dismissal – one month late. The tribunal found it was reasonably practicable to present it in time, even though the claimant was unwell. However, one claim survived: the allegation that the dismissal itself was unfavourable treatment because of something arising in consequence of disability. That claim will now go to a full hearing, where the company will have to justify its decision.
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