Former bus driver's constructive dismissal claim struck out as out of time
A former bus driver's claims for constructive dismissal and race discrimination were struck out after he presented his claim five months late and failed to attend the final hearing.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant resigned with immediate effect on 25 October 2021.
- The claimant contacted Acas on 6 May 2022 and presented his claim on 26 June 2022.
- The claim was presented five months and two days after the primary time limit expired.
- The claimant did not attend the final hearing on 30 March 2023.
- The claimant failed to provide evidence or comply with orders to explain why his claim was in time.
Timeline
-
Grievance submitted
The claimant submitted a grievance relating to contract terms and pay, with no reference to race discrimination.
-
Resignation
The claimant resigned with immediate effect, alleging constructive dismissal and race discrimination.
-
Grievance hearing
The respondent held a grievance hearing, reconvened on 15 December 2021.
-
Grievance outcome
The claimant was informed that his grievance had been rejected.
-
Appeal lodged
The claimant appealed the grievance outcome.
-
Appeal hearing
The appeal hearing began, resumed on 11 February 2022.
-
Last appeal hearing
The appeal hearing concluded without a formal outcome; parties discussed settlement.
-
Acas contact
The claimant contacted Acas for early conciliation.
-
Acas certificate
Early conciliation certificate issued.
-
Claim presented
The claimant presented his claim to the employment tribunal, five months and two days late.
The legal issue
The tribunal had to decide whether the former employee's claims for unfair constructive dismissal and race discrimination were presented within the statutory time limits, and if not, whether time should be extended on a just and equitable basis.
The outcome
The tribunal struck out all claims.
- The claimant resigned on 25 October 2021 but did not contact Acas until 6 May 2022, and presented his claim on 26 June 2022 – five months and two days after the primary three-month time limit expired.
- The claimant failed to comply with orders to provide information explaining why his claim was in time, and did not attend the final hearing on 30 March 2023.
- No compensation was awarded as the claims were struck out.
Lessons & takeaways
- If you believe you have been unfairly dismissed, you must contact Acas within three months of the effective date of termination – failing to do so will likely result in your claim being struck out.
- Attend all tribunal hearings and comply with case management orders; non-attendance without good reason can lead to your claim being dismissed.
- If you are bringing a claim in person, seek advice early – the tribunal expects you to follow procedures even without a lawyer.
- Resigning and then waiting several months to bring a claim will almost certainly be out of time unless there are exceptional circumstances.
This case shows the strict time limits that apply to employment tribunal claims – and the consequences of missing them. The former employee, a bus driver, resigned in October 2021 alleging constructive dismissal and race discrimination. But he did not contact Acas until May 2022, and presented his claim in June 2022 – over five months after the three-month time limit had expired.
The tribunal had listed two hearings to decide whether the claims were in time. At the first hearing, the claimant struggled with the video platform and the late service of documents, so the judge adjourned to an in-person hearing and made clear orders: the claimant had to provide information explaining why his claim was in time by 8 March 2023. He did not do so. He also did not attend the final hearing on 30 March 2023.
What the tribunal decided
The judge struck out all claims. The law requires that unfair dismissal claims be brought within three months of the effective date of termination, and discrimination claims within three months of the act complained of. The claimant’s claim was five months and two days late. He had provided no explanation for the delay, despite being given a clear opportunity to do so. His failure to attend the hearing meant the tribunal could not hear any oral evidence that might have justified an extension.
What the employer did right
Arriva The Shires Limited followed proper procedures: it responded to the claim, requested further information, attended hearings, and complied with orders to provide a hard-copy bundle. The tribunal noted that the claimant had been given every opportunity to explain his delay but had not taken it.
Why this matters
This case is a reminder that employment tribunals take time limits very seriously. Even if you have a strong case on the merits, failing to present your claim in time – or failing to engage with the tribunal process – can be fatal. Claimants who represent themselves should be particularly careful to read and comply with tribunal orders, and to attend all hearings. If you cannot attend, you must inform the tribunal in advance and provide a good reason.
Similar cases
Claim dismissed after former employee fails to attend preliminary hearing
A former employee's claims of constructive dismissal and discrimination were struck out after she failed to attend a preliminary hearing and did not provide a witness statement as directed.
Branch manager loses constructive dismissal and race discrimination claim after failing to attend hearing
A branch manager who resigned claiming constructive dismissal and race discrimination has had all his claims dismissed by an employment tribunal, which also ordered him to repay £17,727.86 in overpaid commission.
Former employee's claims struck out after failing to attend hearing on time limits
A tribunal struck out claims for unfair dismissal, unpaid wages and race discrimination after the claimant failed to attend a preliminary hearing and his claims were presented out of time.
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.