Bar staff's unfair dismissal claim thrown out for being too late
A tribunal dismissed an unfair dismissal and disability discrimination claim from a bar worker with three years' service because she brought it too late, despite her depression and alcohol misuse.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was dismissed without notice on 18 June 2021 for gross misconduct.
- The claimant suffered from depression and alcohol misuse from November 2020.
- The claimant did not read the dismissal letter sent by Docusign until it expired unread on 17 July 2021.
- The claimant contacted CAB in August 2021 and was advised about time limits.
- The claimant started ACAS conciliation on 4 November 2021, after the time limit expired.
- The tribunal found it was reasonably practicable for the claimant to present her unfair dismissal claim in time.
Timeline
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Employment started
The claimant started working as bar staff at Miller & Carter site in Barnet.
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Step-father died
The claimant's step-father passed away, and she began drinking excessively.
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Counselling started
The claimant began receiving counselling for stress and depressed mood.
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Site reopened
The site reopened after lockdown, but the claimant did not return to work.
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Dismissal
The claimant was dismissed without notice for gross misconduct; dismissal letter sent via Docusign.
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Dismissal effective
The Docusign letter expired unread; tribunal found this was the effective date of termination.
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Contacted HR and CAB
The claimant contacted HR and Citizens Advice Bureau about her dismissal.
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Email to Rob
The claimant emailed Rob stating she was 'in the middle of a claim'.
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ACAS conciliation started
The claimant started ACAS conciliation.
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Claim presented
The claimant presented claims for unfair dismissal and disability discrimination.
The legal issue
The tribunal had to decide whether the claims for unfair dismissal and disability discrimination were presented in time, and if not, whether time limits should be extended on the grounds that it was not reasonably practicable (for unfair dismissal) or just and equitable (for disability discrimination) to bring the claims in time.
The outcome
The tribunal dismissed both claims as out of time.
- The claimant was dismissed on 18 June 2021 but did not read the dismissal letter until it expired on 17 July 2021.
- She contacted Citizens Advice in August 2021 but only started ACAS conciliation on 4 November 2021, well after the three-month time limit for unfair dismissal.
- The tribunal held that despite her depression and alcohol misuse, she was capable of bringing a claim earlier, as she had contacted HR and CAB in August and sent an email about a claim in October.
- No compensation was awarded as the claims were dismissed.
Lessons & takeaways
- Time limits for unfair dismissal are strict: you generally have three months from the effective date of termination to bring a claim.
- If you are unwell, the tribunal will consider whether it was 'reasonably practicable' to bring the claim in time; you must show that the illness prevented you from doing so.
- Contacting ACAS early is crucial – early conciliation does not stop the clock, so you must still present your claim within the time limit.
- Even if you have mental health issues, the tribunal may find you capable of acting if you were able to contact others or take other steps during the period.
What this case shows in practice
This case illustrates how strict employment tribunal time limits are, even when a claimant is struggling with serious health issues. The bar worker was dismissed for gross misconduct in June 2021, but did not read the dismissal letter sent via Docusign until it expired unread in July 2021. She then contacted Citizens Advice in August but did not start ACAS conciliation until November – well after the three-month deadline for unfair dismissal claims.
Despite her depression and alcohol misuse, the tribunal found she was capable of bringing a claim earlier. She had emailed HR and CAB in August, and in October she told a colleague she was 'in the middle of a claim'. The tribunal concluded that it was reasonably practicable for her to have presented her claim in time, and that it was not just and equitable to extend the time limit for the discrimination claim.
What the respondent did right
Mitchells & Butlers Retail Ltd followed a proper process by sending the dismissal letter via Docusign and holding a disciplinary hearing. The tribunal noted that the claimant had been able to engage with emails and phone calls during the period, which undermined her argument that she was too unwell to act.
Why this matters for similar claims
This case is a reminder that time limits are not automatically extended because of ill health. Claimants must show that the illness actually prevented them from bringing the claim – not just that it made things difficult. If you are considering a claim, seek advice early and start ACAS conciliation as soon as possible, even if you are unwell.
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