Race discrimination claim thrown out after being filed two weeks late
A tribunal dismissed a former employee's race discrimination claim after she filed it two weeks past the extended deadline, finding no credible reason for the delay and describing the claim's merits as weak.
2 min read · Last updated 19 May 2026
Key facts
- The claimant was employed from 27 June to 11 July 2022, a period of 10 days.
- The claim form was received on 1 January 2023, approximately two weeks after the extended time limit of 15 December 2022.
- The claimant did not have two years' continuous service to bring an unfair dismissal claim.
- The tribunal found no credible evidence that the claimant was unable to function or that she was misled about time limits.
- The tribunal considered the merits of the race discrimination claim weak and declined to extend time.
Timeline
-
Employment started
The claimant began employment with the respondent.
-
Employment terminated
The claimant's employment was terminated during probationary period due to failure to demonstrate suitability.
-
ACAS Early Conciliation started
The claimant contacted ACAS to begin early conciliation.
-
ACAS certificate issued
ACAS issued the early conciliation certificate, extending the time limit to 15 December 2022.
-
Claim form presented
The claimant's claim form was received by the tribunal, approximately two weeks late.
-
Respondent's response filed
The respondent filed its response, raising the time limit issue.
-
Notice of hearing sent
The tribunal sent notice of a preliminary hearing to determine jurisdiction.
-
Preliminary hearing
The tribunal heard the time limit issue and dismissed the claims.
-
Judgment sent to parties
The written judgment was sent to the parties.
-
Reconsideration refused
The claimant's application for reconsideration was refused.
The legal issue
Whether the tribunal should hear a race discrimination claim that was filed about two weeks late, and whether it would be 'just and equitable' to extend the time limit.
The outcome
The tribunal dismissed both claims:
- Race discrimination claim: Dismissed because it was presented out of time and it was not just and equitable to extend the deadline. The claimant filed her claim on 1 January 2023, but the extended deadline was 15 December 2022. She had used ACAS early conciliation and had internet access, but gave no credible explanation for the delay. The tribunal also noted the claim's merits appeared weak.
- Unfair dismissal claim: Struck out because the claimant had only 10 days' service, far short of the two-year qualifying period.
No compensation was awarded.
Lessons & takeaways
- Employment tribunal claims have strict time limits – usually three months minus one day from the act complained of, subject to ACAS early conciliation extensions.
- If you miss the deadline, you must provide a strong, credible reason for the delay; the tribunal is unlikely to accept vague claims of confusion or technical issues without evidence.
- Unfair dismissal claims require at least two years' continuous service – short-service employees cannot bring such a claim regardless of the circumstances of their dismissal.
- Seeking advice early is crucial; the tribunal noted the claimant could have asked her ACAS officer about time limits but did not.
- A weak underlying claim makes it even harder to persuade a tribunal to extend time, even if the delay is short.
This case illustrates the rigid application of time limits in employment tribunals, even where the delay is measured in weeks rather than months. The former employee, who worked for just 10 days at MacBeattie Recruitment Ltd (trading as ROC Recruitment), alleged race discrimination after her dismissal during probation. However, her claim form arrived at the tribunal on 1 January 2023, about two weeks after the extended deadline of 15 December 2022.
Why the tribunal refused to extend time
The tribunal considered whether it would be 'just and equitable' to allow the late claim – a test that gives judges discretion. But the claimant's explanations did not pass muster. She said she was homeschooling her daughter and had found conflicting advice online, but the judge found it 'not credible' that someone able to use the internet would not discover that time limits apply. Crucially, the claimant had been in contact with ACAS until mid-November 2022 and could have asked about deadlines. She also claimed technical difficulties but provided no evidence.
The weak merits problem
Even if the delay had been explained, the tribunal noted that the race discrimination claim appeared weak on its face. The examples given – being called the wrong name, colleagues laughing at her lack of local knowledge, and a comment about using an 'Indian company' – did not, in the judge's view, amount to strong evidence of race discrimination. When a claim is both late and weak on substance, tribunals are far less willing to exercise their discretion to extend time.
What this means for claimants
The case is a reminder that time limits are not flexible for convenience. The claimant's unfair dismissal claim was also doomed from the start because she lacked two years' service – a basic eligibility rule that catches many short-service employees. Anyone considering a tribunal claim should act promptly, keep evidence of any obstacles to filing, and seek advice from ACAS or a solicitor well before the deadline approaches. A short delay, even by a couple of weeks, can be fatal to an otherwise arguable claim.
Similar cases
Short-service temporary worker loses discrimination claim after missing time limit by months
A temporary worker who was dismissed after two months with Barclays had his race discrimination claim struck out because he presented it over nine months late. The tribunal found no just and equitable reason to extend time.
Former employee loses unfair dismissal and discrimination claims after failing to pursue them
A former employee's unfair dismissal claim was dismissed for lack of continuity of employment, and his race discrimination claim was thrown out as out of time. Other claims were struck out for failing to actively pursue them.
Taxi driver's unfair dismissal and discrimination claims dismissed as out of time
A taxi driver who waited over six months to bring his claim after Uber deactivated his account has had his case thrown out by the Nottingham tribunal for being well outside the three-month time limit.
Bus driver dismissed for using phone while driving: insufficient service bars unfair dismissal claim
A bus driver with only 7 weeks' service was dismissed for gross misconduct after using his mobile phone while driving. The tribunal struck out his unfair dismissal and race discrimination claims.