Race discrimination claim dismissed as out of time: a lesson in tribunal deadlines
A Branch Care Manager's claim for direct race discrimination and victimisation was dismissed because she presented it 28 days late. The tribunal refused to extend time, finding no just and equitable reason.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant was employed as a Branch Care Manager from 14 July 2021.
- The respondent dismissed the claimant with immediate effect at a meeting on 11 January 2023.
- The claimant was paid in lieu of notice.
- Early conciliation was concluded on 11 April 2023.
- The claim form was presented on 9 May 2023.
- The tribunal found the claim was presented out of time and it was not just and equitable to extend time.
Timeline
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Employment started
The claimant began employment as a Branch Care Manager.
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Dismissal meeting
The respondent dismissed the claimant with immediate effect at a meeting at the Premier Inn, London Victoria.
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Confirmation email sent
The respondent sent an email with a dismissal letter to the claimant's personal email.
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Claimant saw email
The claimant saw the dismissal email and letter on the morning of 12 January 2023.
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First legal advice
The claimant first obtained legal advice in March 2023.
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Early conciliation concluded
ACAS early conciliation was concluded on a single day.
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Claim presented
The claim form was presented to the tribunal.
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Preliminary hearing (EJ Adkin)
A preliminary hearing listed the case for a public preliminary hearing on time limits.
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Public preliminary hearing
The tribunal heard evidence and submissions on whether the claim was in time.
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Judgment issued
The tribunal dismissed the claim as out of time.
The legal issue
The tribunal had to decide whether the claim was presented within the three-month time limit from the effective date of termination, and if not, whether it was just and equitable to extend that time limit.
The outcome
The tribunal dismissed the claim for direct race discrimination and victimisation as out of time.
- The effective date of termination was 11 January 2023, when the claimant was dismissed at a meeting and sent a confirmation email.
- The time limit expired on 10 April 2023, but early conciliation was not started until 11 April 2023, meaning the claim was already late.
- The claim form was presented on 9 May 2023, 28 days after the deadline.
- The tribunal found no just and equitable reason to extend time, noting the claimant had legal advice from March 2023 and could have acted sooner.
Lessons & takeaways
- Check the exact date of dismissal — it may be the day you are told, not when you receive written confirmation.
- Start early conciliation with ACAS well before the three-month deadline — even one day late can be fatal.
- If you have legal advice, act promptly — delay after receiving advice makes it harder to argue for an extension of time.
- The tribunal has limited discretion to extend time for discrimination claims; you must show a good reason for the delay.
This case shows how strict employment tribunal time limits can be, especially for discrimination claims. The claimant, a Branch Care Manager, was dismissed at a meeting on 11 January 2023 and sent a confirmation email the same day. She argued she was not effectively dismissed until she saw the email the next day, but the tribunal found the dismissal took effect on 11 January.
The time limit trap
Under the Equality Act 2010, a discrimination claim must be presented within three months of the act complained of. Here, the deadline was 10 April 2023. The claimant started early conciliation on 11 April — one day late — and presented her claim on 9 May. The tribunal held that because early conciliation was not started before the deadline, the normal extension did not apply, and the claim was out of time.
The claimant argued it would be just and equitable to extend time, pointing to her need for legal advice and the complexity of the case. However, the tribunal noted she had obtained legal advice in March 2023 and could have acted sooner. The delay after receiving advice was not adequately explained.
What could have been done differently
For the claimant, the key lesson is to act early. Even if you are unsure of the exact date of dismissal, it is safer to treat the date you are told as the effective date and start early conciliation within two months. For employers, the case is a reminder to clearly document the date and method of dismissal — here, the confirmation email helped establish the timeline.
This result matters because it reinforces that time limits are strictly applied in discrimination claims. A claim that might have had merit on the facts can be dismissed entirely if the procedural deadline is missed, regardless of the strength of the underlying allegations.
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