Nurse's unfair dismissal claim thrown out after two-year delay
A nurse who was dismissed for gross misconduct in 2021 waited over two years to bring her claim. The tribunal refused to extend time, striking out both her unfair dismissal and race discrimination claims.
2 min read · Last updated 19 May 2026
Case details
- #out-of-time
- #gross-misconduct
- #nurse
- #immigration-status
- #race-discrimination
Key facts
- The claimant was employed as a nurse from 9 October 2017 to 15 January 2021.
- She was dismissed for gross misconduct for failing to report a carer who came to work intoxicated.
- The claim form was presented on 19 March 2023, over two years after dismissal.
- The claimant was represented by the Royal College of Nursing at the time of dismissal.
- The tribunal found it was reasonably practicable to bring a claim within the time limit.
- No good explanation was given for the delay in bringing the race discrimination claim.
Timeline
-
Employment started
Claimant began working as a nurse for the respondent.
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Dismissal
Claimant was summarily dismissed for gross misconduct for failing to report an intoxicated carer.
-
Time limit for unfair dismissal claim expired
Three-month deadline for presenting an unfair dismissal claim passed.
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Lay representative instructed
Mr Nthini began assisting the claimant with NMC proceedings.
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ACAS early conciliation started
ACAS certificate obtained, but claim not yet presented.
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NMC process concluded
NMC outcome received; claimant's practice restrictions removed.
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Claim presented
Claim form submitted to the Employment Tribunal, over two years after dismissal.
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Preliminary hearing
Tribunal considered whether to extend time; claims dismissed as out of time.
The legal issue
The tribunal had to decide whether to extend the time limit for the nurse's unfair dismissal and race discrimination claims, which were presented over two years after her dismissal. The law requires claims to be brought within three months, unless it was not reasonably practicable to do so.
The outcome
The tribunal dismissed both claims as they were presented far out of time. The nurse was dismissed on 15 January 2021 but did not present her claim until 19 March 2023, over two years later. The tribunal concluded that it was reasonably practicable for her to have brought the claim within the three-month limit, and there was no good reason for the delay. No compensation was awarded.
Lessons & takeaways
- Employment tribunal claims must be brought within three months of the dismissal date – delays of even a few weeks can be fatal.
- If you miss the deadline, you must show it was not reasonably practicable to claim on time – ignorance of the law or reliance on others is rarely a valid excuse.
- Seek legal advice promptly after dismissal; waiting for other proceedings (like NMC hearings) to finish before bringing a tribunal claim is risky.
- Representation by a union or lay representative does not guarantee that time limits will be met – you remain responsible for the deadline.
This case is a stark reminder that employment tribunal claims have strict time limits. The nurse, who had worked for Quality Care Management Ltd for just over three years, was dismissed in January 2021 for gross misconduct. She alleged that her dismissal was unfair and that she had been discriminated against on racial grounds. However, she did not present her claim until March 2023 – more than two years after her dismissal.
Why the delay mattered
The tribunal considered whether it was reasonably practicable for the nurse to have brought her claim within the usual three-month time limit. She argued that she had been waiting for the outcome of proceedings before the Nursing and Midwifery Council (NMC), which concluded in November 2022. She also said she had been relying on a lay representative who was initially instructed to help with the NMC case. However, the tribunal noted that the nurse had been represented by the Royal College of Nursing at the time of her dismissal and could have sought advice earlier. The ACAS early conciliation process was not started until February 2022, over a year after the dismissal.
What the tribunal decided
Employment Judge Smail found that the nurse had not provided a good explanation for the delay. It was reasonably practicable for her to have presented her claim on time, and there was no reason to extend the deadline. Both the unfair dismissal and race discrimination claims were struck out as out of time. The case did not proceed to a full hearing on the merits, so the tribunal did not consider whether the dismissal was actually unfair or discriminatory.
What this means for similar claims
This case highlights the importance of acting quickly after a dismissal. Even if you are pursuing other proceedings, such as a professional conduct hearing, you should not wait to bring a tribunal claim. The three-month time limit runs from the effective date of termination, and extensions are granted only in exceptional circumstances. If you are unsure about your rights, seek legal advice as soon as possible – delays can cost you the chance to bring your claim at all.
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