Former employee's unfair dismissal claim dismissed after 40-year delay
A former employee's unfair dismissal claim against Bank of America NA was dismissed as out of time after she presented it nearly 40 years after her employment ended. The tribunal found no reasonable explanation for the delay.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant worked for the respondent from 10 July 1976 to 15 February 1983.
- The claimant presented her unfair dismissal claim on 18 January 2023, nearly 40 years after her employment ended.
- The claimant was unable to provide a clear explanation for the delay.
- The respondent no longer has records from the 1980s, causing prejudice.
- The claimant had pursued proceedings in Greece regarding the same employment.
Timeline
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Employment started
The claimant began working for Bank of America NA.
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Employment ended
The claimant's employment ended on this date according to her claim.
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Primary time limit expired
The three-month time limit for bringing an unfair dismissal claim expired.
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Claim presented
The claimant presented her unfair dismissal claim to the tribunal.
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Claim rejected initially
The claim was rejected due to non-compliance with early conciliation.
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ACAS contacted
The claimant contacted ACAS for early conciliation.
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Early conciliation certificate issued
ACAS issued an early conciliation certificate.
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Claim deemed presented
The claim was deemed presented on this date after rectification.
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Preliminary hearing
A preliminary hearing was held to determine jurisdiction and time limits.
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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 claimant's unfair dismissal claim was presented within the statutory time limit of three months after dismissal, and if not, whether it was not reasonably practicable to present it in time and whether it was presented within a further reasonable period.
The outcome
The tribunal dismissed the claim as out of time, finding it had no jurisdiction to hear it.
The key reasons were:
- The claimant's employment ended in 1983, but she did not present her claim until January 2023, almost 40 years later.
- The claimant could not provide a clear explanation for the delay.
- The respondent no longer had records from the 1980s, causing significant prejudice.
No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- Unfair dismissal claims must be brought within three months of the dismissal date, or within a further reasonable period if it was not reasonably practicable to do so.
- A delay of decades without a compelling explanation is virtually certain to result in the claim being dismissed as out of time.
- Employers may be prejudiced by the loss of records over time, which tribunals will consider when deciding whether to extend time limits.
- Seeking legal advice promptly after dismissal is crucial to avoid missing the strict time limit.
A claim decades too late
This case shows the strictness of time limits in employment tribunals. The former employee worked for Bank of America NA from 1976 to 1983, but waited until 2023 to bring an unfair dismissal claim – nearly 40 years after her employment ended. The tribunal had no choice but to dismiss it.
What went wrong
The claimant could not explain why she delayed so long. She mentioned pursuing proceedings in Greece about the same employment, but that did not account for the decades of inaction. The bank no longer held records from the 1980s, making a fair hearing impossible. The tribunal noted that even if the claim had been in time, it would likely have been struck out due to the prejudice caused by the delay.
Why this matters
This case is a stark reminder that employment tribunal claims have strict time limits – usually three months from the date of dismissal. Extensions are only granted in exceptional circumstances where it was not reasonably practicable to bring the claim in time, and even then, the claim must be brought promptly afterwards. A delay of 40 years, without a compelling reason, is fatal to any claim.
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