20-year lunchtime supervisor loses constructive dismissal claim filed too late
A lunchtime supervisor with 20 years' service resigned claiming constructive dismissal but filed her claim 117 days late. The tribunal dismissed the claim for lack of jurisdiction and struck out discrimination claims as having no reasonable prospect of success.
2 min read · Last updated 19 May 2026
Case details
- #constructive-dismissal
- #disability-discrimination
- #race-discrimination
- #time-limit
- #strike-out
- #me-cfs
- #lunchtime-supervisor
Key facts
- The claimant was employed as a lunchtime supervisor from 6 May 2002 until 31 August 2022.
- She resigned on 27 July 2022, citing constructive dismissal.
- The claimant suffers from ME/CFS and had a nervous breakdown in March/April 2021.
- She submitted her claim to the tribunal on 27 March 2023, over 4 months after the time limit expired.
- The claimant had sought legal advice from Landau Law but could not recall when.
- The tribunal found no reasonable explanation for the delay in filing the claim.
Timeline
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Employment started
Claimant began working as a lunchtime supervisor at William de Yaxley Church of England Primary Academy.
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Sick leave started
Claimant was signed off sick due to a nervous breakdown, until 6 July 2021.
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Grievance submitted
Claimant's husband submitted a formal grievance alleging discriminatory behaviour and issues with management.
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Grievance meeting
Grievance meeting chaired by Alexandra Duffety; grievance upheld in part.
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Occupational health report
Occupational health report confirmed claimant fit to return to work.
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Return to work
Claimant returned to work for the autumn term.
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Resignation letter
Claimant submitted resignation citing constructive dismissal and discrimination.
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Effective date of termination
Claimant's employment ended after contractual notice period.
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ACAS early conciliation started
Claimant submitted early conciliation notification to ACAS.
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ACAS certificate received
Claimant received ACAS early conciliation certificate.
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Claim form presented
Claimant presented her claim to the Employment Tribunal, 117 days after the time limit.
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Preliminary hearing
Hearing to determine jurisdiction and strike-out applications.
The legal issue
The tribunal had to decide whether the claimant's claims for constructive unfair dismissal and discrimination were filed within the statutory time limits, and if not, whether it was just and equitable to extend time.
The outcome
The tribunal dismissed the claim for constructive unfair dismissal because it was presented too late. The effective date of termination was 31 August 2022, meaning the claim should have been filed by 1 December 2022. The claimant filed on 27 March 2023, a delay of 117 days. The tribunal found no reasonable explanation for the delay, noting the claimant had sought legal advice but could not recall when, and had been well enough to prepare a detailed resignation letter.
The discrimination claims under the Equality Act 2010 were struck out under Rule 37(1) as having no reasonable prospect of success. The claim form lacked any particularisation of the alleged discrimination, and the claimant failed to provide further details when ordered to do so. The tribunal also noted that the discrimination claims were also out of time and there was no reasonable basis to extend time.
No compensation was awarded as the claims were dismissed or struck out.
Lessons & takeaways
- Employment tribunal claims must be filed within three months (less one day) of the effective date of termination — missing this deadline by even a few days can be fatal, even if you have a strong case.
- If you are considering a constructive dismissal claim, seek legal advice promptly and keep a record of when you received that advice, as tribunals will scrutinise the reasons for any delay.
- Discrimination claims need to be properly particularised from the outset — a bare assertion of bullying without specific details is likely to be struck out.
- Being unwell or distressed may not be enough to excuse a late claim unless you can show you were unable to deal with the matter at all during the entire period of delay.
- If you receive an order from the tribunal to provide further details, comply by the deadline or seek an extension — failure to do so can lead to your claim being struck out.
A case of too little, too late
This case shows how strict employment tribunal time limits can be, even for long-serving employees with potentially valid claims. The claimant had worked as a lunchtime supervisor for 20 years and alleged she was forced to resign because of disability and race discrimination. But by the time she filed her claim, the deadline had passed by nearly four months.
The tribunal accepted that the claimant had been unwell with ME/CFS and had suffered a nervous breakdown. However, the judge noted that she had been well enough to write a detailed resignation letter and to seek legal advice from a firm of solicitors. Crucially, she could not recall when she had received that advice, and there was no evidence that she had been incapacitated throughout the entire period from December 2022 to March 2023.
What the respondent did right
The Diocese of Ely Multi-Academy Trust spotted the time limit issue early and raised it in their response. They also applied to strike out the discrimination claims, which had been pleaded in only the vaguest terms. The tribunal agreed that those claims had no reasonable prospect of success — the claim form simply alleged bullying on grounds of race and disability without any supporting facts.
What this means for similar claims
For anyone considering an employment tribunal claim, the key lesson is to act quickly. The three-month time limit runs from the effective date of termination — usually the last day of your contractual notice period. If you miss it, you will need a very good reason to persuade a tribunal to extend time. Being ill or stressed will not automatically excuse a delay, especially if you were able to do other things like write letters or see a solicitor.
This case also highlights the importance of pleading discrimination claims properly from the start. A tribunal will not allow a claim to proceed if it is just a bare assertion without any details of what happened, when, and why it amounted to unlawful discrimination.
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