Senior nurse's unfair dismissal claim struck out after being filed over four years late
A tribunal struck out a senior nurse's unfair dismissal and disability discrimination claims because she filed them more than four years after the deadline, despite knowing the time limits.
2 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant worked as a senior nurse from 11 June 2015 to 31 August 2018.
- She was absent due to poor health from 1 June 2016 until dismissal.
- The respondent dismissed her on grounds of capability on 31 August 2018.
- The claimant submitted an initial claim form before Christmas 2018 but it was rejected for missing the ACAS certificate number.
- The claim form was eventually received by the tribunal on 13 February 2023, over four years late.
- The tribunal found the claimant was aware of time limits and had the ability to bring the claim earlier.
Timeline
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Employment started
Claimant began working as a senior nurse for Barchester Healthcare Ltd.
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Long-term sickness absence began
Claimant stopped attending work due to poor health and submitted sick notes.
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Meeting to discuss absence
Respondent invited claimant to a meeting; claimant said she expected to return at end of September 2018.
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Capability meeting invitation
Respondent invited claimant to a capability meeting, which she did not attend.
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Dismissal
Respondent terminated claimant's employment with effect from this date.
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Appeal lodged
Claimant appealed against dismissal; appeal was considered out of time and rejected on 3 October 2018.
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ACAS early conciliation started
Claimant notified ACAS; certificate issued on 17 October 2018.
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Time limit expired
Deadline to bring claims (3 months plus early conciliation extension) passed.
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Initial claim rejected
Claimant submitted a claim form but it was rejected for missing ACAS certificate number.
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Claim form received
Tribunal received the claim form, over four years late.
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Preliminary hearing
Open preliminary hearing to determine time limit issues.
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Judgment issued
Employment Judge Cowen struck out all claims as out of time.
The legal issue
The tribunal had to decide whether it had jurisdiction to hear claims presented over four years late, and whether time should be extended on just and equitable grounds or because it was not reasonably practicable to bring them earlier.
The outcome
The tribunal struck out all claims as out of time.
- The claimant's disability discrimination claims were presented after the Equality Act 2010 time limit, and it was not just and equitable to extend time.
- The unfair dismissal and holiday pay claims were also out of time, and it was reasonably practicable for the claimant to have brought them within the limit.
- No compensation was awarded as the claims were struck out.
Lessons & takeaways
- Time limits for employment tribunal claims are strict — generally three months minus one day from the act complained of, plus any ACAS early conciliation extension.
- Failing to include the ACAS certificate number on a claim form can result in rejection, but you must re-submit promptly, not years later.
- Ignorance of the law or personal circumstances, such as ill health, are unlikely to excuse a delay of several years if you were capable of bringing the claim earlier.
- If your initial claim is rejected, act immediately to correct the error — waiting even a few months can mean losing your right to claim.
A case of missed deadlines
This case shows how strictly employment tribunals apply time limits, even when the underlying dispute involves long-term sickness and disability. The claimant, a senior nurse with three years' service, had been absent from work due to ill health from June 2016. After a capability process, Barchester Healthcare Ltd dismissed her in August 2018. She began ACAS early conciliation in October 2018 and attempted to file a claim before Christmas that year, but it was rejected because she had not included the ACAS certificate number.
Rather than correcting the error promptly, the claimant did not resubmit her claim until February 2023 — over four years later. She argued that her ill health and lack of legal knowledge made it not reasonably practicable to bring the claim in time, and that the tribunal should extend time for the discrimination claims on just and equitable grounds.
What the tribunal decided
Employment Judge Cowen rejected both arguments. The tribunal noted that the claimant was aware of the time limits from the outset — she had obtained legal advice and had the ACAS certificate. Despite her health problems, she was able to engage with the process in late 2018, and there was no evidence that her condition prevented her from re-submitting the claim. The delay of over four years was far too long to be excused, and extending time would prejudice the respondent, which had a legitimate interest in finality.
What this means for others
The case is a stark reminder that employment tribunal claims must be brought quickly. The basic time limit is three months from the dismissal or discriminatory act, plus any extension from ACAS early conciliation. If a claim form is rejected for a technical error, the clock is still ticking — you must re-submit as soon as possible. Tribunals have discretion to extend time in discrimination cases on just and equitable grounds, but a delay of years is almost impossible to justify. Anyone considering a claim should seek advice promptly and ensure all paperwork is correct before the deadline expires.
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