12-year delay dooms whistleblowing and race discrimination claims
An employee who resigned in 2009 brought claims of constructive dismissal, whistleblowing and race discrimination in 2022. The tribunal struck out all claims as having no reasonable prospect of success due to the extreme delay.
1 min read · Last updated 18 May 2026
Key facts
- The claimant resigned in November 2009.
- The claimant alleged she made protected disclosures between May and October 2009.
- The claimant alleged race discrimination in reference checks and comments about her Chinese origin.
- The claimant did not present her claims until 2022, over 12 years after the events.
- The claimant failed to provide medical evidence to explain the delay.
- The tribunal found the claims had no reasonable prospect of success and struck them out.
Timeline
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Last reference check
The respondent undertook a reference check with Phillips Collection Services, a former employer of the claimant.
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First alleged protected disclosure
The claimant spoke to Julie Buschell about her permanent contract.
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Second alleged protected disclosure
The claimant complained to Claire Dundass about being told 'silly is not an issue'.
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Third alleged protected disclosure
The claimant complained to Claire Dundass about reference checks damaging her reputation.
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Fourth alleged protected disclosure
The claimant emailed HR about an ICO complaint if information not supplied.
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Fifth alleged protected disclosure
The claimant emailed HR about a statement 'silly is not an issue' and sickness review.
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Resignation letter
The claimant wrote a resignation letter, which she also alleges was a protected disclosure.
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Resignation
The claimant resigned from her employment with the respondent.
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Data protection email
The respondent's data protection officer emailed the claimant the outcome of an investigation.
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Preliminary hearing
The tribunal heard the respondent's strike-out application and struck out all claims.
The legal issue
The tribunal had to decide whether claims brought more than 12 years after the alleged events had any reasonable prospect of success and whether a fair trial could still take place.
The outcome
The tribunal struck out all claims by the employee against the NHS Trust.
The key reason was the extraordinary delay: the employee resigned in November 2009 but did not present her claims until 2022. She failed to provide any medical evidence to explain the delay, and the tribunal found that a fair trial was no longer possible.
No compensation was awarded as all claims were struck out.
Lessons & takeaways
- Employment tribunal claims must be brought within strict time limits – usually three months from the event. Delays of years will almost always be fatal.
- If you are bringing a claim late, you must provide compelling medical evidence to explain the delay. A bare assertion of ill health is not enough.
- A claim that has no reasonable prospect of success can be struck out at an early stage, saving the respondent the cost of a full hearing.
- If you believe you are still employed, you cannot bring a claim for unfair dismissal – the two positions are contradictory.
A case that was doomed from the start
This case shows the critical importance of bringing employment tribunal claims promptly. The employee resigned from her role at the NHS Trust in November 2009, alleging that she had been forced to resign because of protected whistleblowing disclosures and race discrimination. She did not bring her claims until 2022 – more than 12 years later.
The tribunal had little choice but to strike out the claims. The employee could not explain the delay, and she provided no medical evidence to support her assertion that she had been too ill to bring the claim earlier. The tribunal noted that a fair trial was no longer possible, as memories would have faded and witnesses may no longer be available.
What the Trust did right
The Trust applied to strike out the claims at an early stage, arguing that they had no reasonable prospect of success. The tribunal agreed, saving the Trust the cost and disruption of a full hearing. The Trust also pointed out the internal contradiction in the employee's case: she claimed she had been constructively dismissed, yet she also maintained that she was still an employee.
What this means for similar claims
This case is a stark reminder that employment tribunal claims must be brought within strict time limits – usually three months from the act complained of. Even in exceptional circumstances, delays of more than a few months are rarely tolerated. If you are considering a claim, seek legal advice early and do not delay.
The case also illustrates that tribunals will not allow claims to proceed if they have no reasonable prospect of success. If the facts are not on your side, it may be better to focus on other options rather than risk a strike-out and a costs order.
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