22-year NHS employee's unfair dismissal claim fails after being brought four months late
A Medical Laboratory Assistant with 22 years' service had his unfair dismissal and disability discrimination claims dismissed by an employment tribunal because they were presented about four months after the legal deadline, despite his serious health issues.
1 min read · Last updated 18 May 2026
Case details
Key facts
- Claimant was employed from 11 August 1998 as a Medical Laboratory Assistant.
- Claimant was dismissed on 17 March 2021 due to long-term sickness absence.
- Claimant did not appeal his dismissal and was content with the outcome, expecting ill-health retirement.
- Claimant commenced early conciliation on 29 July 2021, after the primary time limit had expired.
- Claim form was presented on 6 October 2021, about four months late.
- Tribunal found it was reasonably practicable for claimant to bring claims in time and that extending time was not just and equitable.
Timeline
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Employment started
Claimant began working for the respondent as a Medical Laboratory Assistant.
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Long-term sickness absence began
Claimant went off sick and never returned to work.
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Open heart surgery
Claimant had open heart surgery, which affected his brain function, personality, and memory.
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Stage three meeting
Claimant was aware he would be dismissed and did not attend; he was content with the outcome.
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Dismissal confirmed
Respondent confirmed decision to dismiss claimant with notice.
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Effective date of termination
Claimant's employment ended.
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Primary limitation period expired
Normal three-month time limit for bringing claims expired.
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Ill-health retirement refused
Claimant's application for ill-health retirement was rejected.
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Early conciliation started
Claimant contacted ACAS for early conciliation.
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Early conciliation certificate issued
ACAS early conciliation certificate was issued.
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Claim form presented
Claimant presented his claim to the tribunal.
The legal issue
The tribunal had to decide whether to extend the time limits for claims of unfair dismissal, discrimination arising from disability, and failure to make reasonable adjustments, where the claims were presented about four months late.
The outcome
The tribunal dismissed all the claimant's claims as out of time.
The key reason was that the claimant was aware of his dismissal and did not appeal; he was content with the outcome and expected ill-health retirement. He only sought legal advice after his ill-health retirement was refused, which was after the primary time limit had expired. The tribunal found it was reasonably practicable for him to bring claims in time, and that it was not just and equitable to extend time.
No compensation was awarded as the claims were dismissed.
Lessons & takeaways
- The three-month time limit for bringing an unfair dismissal claim starts from the effective date of termination, not from when you learn of other factors like refusal of ill-health retirement.
- If you are content with a dismissal and do not appeal, you may later find it difficult to argue it was not reasonably practicable to bring a claim in time.
- Seeking legal advice promptly after dismissal is crucial – delays can result in losing the right to bring a claim altogether.
- Serious health conditions do not automatically excuse a delay if you were capable of understanding the situation and taking steps.
This case shows how strict employment tribunal time limits can be, even for long-serving employees with serious health problems. The claimant, a Medical Laboratory Assistant with 22 years of service, was dismissed after a period of long-term sickness absence that included open heart surgery. He did not appeal his dismissal and was initially content, expecting to receive ill-health retirement benefits. Only when that application was refused did he seek legal advice and begin the process of bringing claims.
By that point, the three-month time limit for unfair dismissal had already expired. The tribunal found that the claimant was aware of his dismissal and its implications, and that it was reasonably practicable for him to bring a claim in time. The fact that he had undergone major surgery and suffered cognitive effects did not change this, as he was able to understand the situation and had the support of his partner.
The tribunal also considered whether it would be just and equitable to extend time for the discrimination claims, but decided against it. The delay was significant – about four months – and the respondent would have been prejudiced by having to defend stale claims. The claimant's expectation of ill-health retirement did not justify waiting, as that was a separate process.
What the losing side could have done differently
The claimant could have sought legal advice immediately after dismissal, even while pursuing ill-health retirement. He could also have lodged a protective claim to preserve his rights while the retirement decision was pending.
Why this matters
This case is a reminder that employment tribunal claims have strict time limits that are not automatically extended because of ill health or other personal circumstances. Employees who are dismissed should act promptly, even if they hope to resolve matters through other channels.
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