Care worker's constructive dismissal claim dismissed as too late
A care worker who resigned in September 2021 but did not bring her claim until May 2022 had her unfair dismissal and discrimination claims thrown out by the Birmingham tribunal as out of time.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a care worker from 21 June 2019 until her resignation on 19 September 2021.
- The claimant presented her claim form on 31 May 2022, more than three months after the effective date of termination.
- The claimant had been absent from work from 28 July 2020 until her resignation due to various health issues.
- The claimant contacted ACAS in May 2022 and was then informed about the three-month time limit.
- The claimant had access to advice from CAB, ACAS, and a person working in the Scottish Employment Tribunal.
Timeline
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Employment started
The claimant began working as a care worker for the respondent.
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Absence from work began
The claimant was absent from work due to stress-related issues.
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Last act of alleged discrimination
The last act of discriminatory treatment took place in August 2020.
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Grievance raised
The claimant raised a grievance about her treatment at work.
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Grievance hearing
The claimant attended a grievance hearing and stated she had spoken to a solicitor and CAB.
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Resignation email
The claimant emailed the respondent resigning her employment.
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Effective date of termination
The claimant's resignation took effect.
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Grievance outcome received
The claimant received the grievance outcome.
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Claimant stated intention to seek legal advice
The claimant emailed stating she would go to a solicitor.
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Early conciliation started
The claimant entered the ACAS early conciliation process.
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Claim form presented
The claimant presented her claim to the Employment Tribunal.
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Preliminary hearing and judgment
The Tribunal held a preliminary hearing and dismissed all claims as out of time.
The legal issue
The tribunal had to decide whether the claimant could bring her claims for unfair dismissal, wrongful dismissal, working time breaches and sex discrimination despite presenting them more than three months after the effective date of termination and the last alleged discriminatory act.
The outcome
The tribunal dismissed all claims as out of time.
- The effective date of termination was 19 September 2021, so the unfair and wrongful dismissal claims should have been presented by 18 December 2021. The claim was presented on 31 May 2022, over five months late.
- The last alleged discriminatory act was in August 2020, meaning the discrimination claims were over a year late.
- The claimant had access to advice from Citizens Advice, ACAS, and a person working in the Scottish Employment Tribunal, and had stated she would seek legal advice in November 2021. The tribunal found it was reasonably practicable for her to present her claims in time.
- No compensation was awarded as the claims were dismissed.
Lessons & takeaways
- Employment tribunal claims for unfair dismissal must be presented within three months of the effective date of termination — missing this deadline is fatal unless it was not reasonably practicable to bring the claim in time.
- If you have access to legal advice (from ACAS, Citizens Advice, or a solicitor), the tribunal is likely to expect you to act promptly and will not extend time just because you were unwell or unaware of the deadline.
- For discrimination claims, the time limit is three months from the last act of discrimination — even if you are still employed, you must bring the claim within that window or show it is just and equitable to extend time, which is a high bar.
- Resigning and then waiting to see the outcome of a grievance before bringing a claim does not extend the time limit — you should issue your claim within three months of resignation and can later amend if needed.
This case is a stark reminder that employment tribunal claims have strict time limits that are rarely extended. The claimant, a care worker with two years' service, resigned in September 2021 after a period of sickness absence and a grievance process. She did not present her claim until May 2022, over five months after the deadline for unfair dismissal and over a year after the last alleged discrimination.
Why the claim failed
The tribunal focused on whether it was 'reasonably practicable' for the claimant to have brought her unfair dismissal and working time claims in time. The evidence showed she had contacted ACAS, Citizens Advice, and a person working in the Scottish Employment Tribunal during the relevant period. She had also stated in November 2021 that she intended to seek legal advice. The tribunal concluded that with these resources available, she could and should have presented her claim by December 2021.
For the discrimination claims, the tribunal considered whether it was 'just and equitable' to extend time. The last discriminatory act was in August 2020, and the claimant had been unwell, but the tribunal noted that she had been able to raise a grievance, attend a hearing, and seek advice. The delay was too long and unexplained, so the extension was refused.
What this means for similar claims
The key lesson is that time limits are rigid. Even if you are unwell, pursuing a grievance, or unaware of the rules, the tribunal expects you to act promptly once you have access to advice. The claimant here had multiple sources of guidance but did not act until after an ACAS call in May 2022 — too late. Anyone considering a tribunal claim should seek advice immediately and issue their claim within three months of the dismissal or discriminatory act, even if they hope to resolve matters informally first.
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