Autistic teacher's discrimination claim dismissed as 73 days late
A science teacher who filed her tribunal claim 73 days late has had her unfair dismissal and disability discrimination claims dismissed. The tribunal found it was reasonably practicable for her to have claimed on time.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was dismissed on 17 June 2021.
- The claimant commenced ACAS Early Conciliation on 13 September 2021, which ended on 23 September 2021.
- The claim was filed on 4 January 2022, 73 days after the deadline of 23 October 2021.
- The claimant had the assistance of a Trade Union Official throughout the disciplinary process.
- The claimant withdrew her appeal and terminated ACAS conciliation on 23 September 2021.
- The claimant is autistic but was able to engage with various official processes after dismissal.
Timeline
-
Suspension
The claimant was suspended from her role as a science teacher at the respondent's school.
-
Dismissal
The claimant was dismissed from her employment.
-
New employment
The claimant started a new job as a taxi driver.
-
ACAS Early Conciliation started
The claimant commenced Early Conciliation with ACAS.
-
ACAS Early Conciliation ended
The claimant withdrew her appeal and terminated ACAS conciliation.
-
Deadline for claim
The last date for filing the claim, allowing for the ACAS extension.
-
Claim filed
The claimant filed her ET1 claim, 73 days late.
-
Preliminary hearing
The tribunal heard the preliminary issue on time limits.
-
Judgment sent
The judgment dismissing the claims as out of time was sent to the parties.
The legal issue
Whether the claimant's claims for unfair dismissal, breach of contract, and disability discrimination were presented within the statutory time limits, and if not, whether time should be extended on the grounds that it was not reasonably practicable or just and equitable to do so.
The outcome
The tribunal dismissed all claims as out of time.
- The unfair dismissal and breach of contract claims were dismissed because it was reasonably practicable for the claimant to have filed within the three-month period (including the ACAS extension). She had trade union support, was able to start a new job and complete a Master's degree, and did not explain the 73-day delay.
- The disability discrimination claim was dismissed because the tribunal declined to extend time on a just and equitable basis. The claimant's autism did not prevent her from understanding the need to act, and the respondent would suffer prejudice if time were extended.
- No compensation was awarded as the claims were not heard on their merits.
Lessons & takeaways
- Time limits for employment tribunal claims are strict — you usually have three months minus one day from the dismissal date, plus any ACAS extension.
- Having a trade union representative does not guarantee your claim will be filed on time; you must actively ensure deadlines are met.
- A disability like autism will not automatically excuse a late claim if you were able to manage other tasks such as starting a new job or completing a degree.
- If you miss the deadline, you must provide a clear and convincing reason for the delay — general stress or feeling 'cross' is unlikely to be enough.
- Seek legal advice early, especially if you are representing yourself, as the rules on time limits are complex and unforgiving.
This case is a stark reminder that employment tribunal claims are subject to strict time limits that are rarely extended, even for claimants with disabilities. The claimant, a science teacher, was dismissed in June 2021 and had until 23 October 2021 to file her claim after ACAS early conciliation. She filed on 4 January 2022 — 73 days late.
Why the delay mattered
The tribunal accepted that the claimant is autistic, but noted that she had the support of a trade union official throughout the disciplinary process. After dismissal, she was able to apply for a taxi driver's licence, start a new job, and complete a Master's degree. She also withdrew her internal appeal and ended ACAS conciliation herself. Against that background, the tribunal found it was reasonably practicable for her to have filed on time. Her explanation — that she was 'cross' and felt the dismissal was 'unjust' — was not enough.
What the respondent did right
Enrich Learning Trust had provided the claimant with a trade union representative and a full disciplinary and appeal process. The tribunal noted that the respondent would suffer prejudice if time were extended, as memories fade and documents become harder to locate. That weighed heavily against granting an extension for the discrimination claim.
What this means for others
If you are considering an employment tribunal claim, act quickly. The clock starts ticking from the date of dismissal, and ACAS early conciliation pauses it only briefly. Even if you have a disability or feel overwhelmed, you must show that you did everything reasonably possible to meet the deadline. Seeking independent legal advice as soon as possible is essential — this claimant's delay cost her the chance to have her case heard on its merits.
Similar cases
Unfair dismissal claim struck out: the importance of time limits after resignation
A hairdresser's unfair dismissal claim was struck out because she presented it too late, despite her premature baby and autism. The tribunal found no reasonable prospects of showing it was not reasonably practicable to claim earlier.
Constructive dismissal claim fails as tribunal refuses to extend time limit
A former Network Rail employee's constructive dismissal and breach of contract claims were thrown out because he missed the three-month time limit by three days. The tribunal refused to extend time, finding he had not shown it was not reasonably practicable to claim on time.
Uber driver's unfair dismissal claim thrown out four years after termination
A former Uber driver who waited four years to bring an unfair dismissal claim had it dismissed as out of time. The tribunal ruled it was reasonably practicable for him to have claimed within three months of his engagement ending.
Pregnancy discrimination claims dismissed as out of time: a lesson in tribunal deadlines
An operator at Derby City Council had her pregnancy discrimination and harassment claims dismissed because they were brought too late, despite the tribunal finding some treatment was unfavourable.