Teaching assistant's unfair dismissal claim thrown out as 415 days late
A teaching assistant who was dismissed on ill-health grounds had her unfair dismissal and disability discrimination claims struck out after presenting them 415 days late. The tribunal found no explanation for the delay and no jurisdiction to hear the case.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed from 26 January 2011 until 22 March 2021 as a Teaching Assistant and Midday Supervisor.
- She was dismissed by reason of ill health capability.
- She presented her claim to the Tribunal on 11 August 2022, 415 days after the primary limitation period expired.
- The claimant did not attend the preliminary hearing and provided no explanation for the delay.
- The claimant had previously indicated an intention to bring a claim in emails to the respondent.
Timeline
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Employment started
Claimant began working for Derbyshire County Council as a Teaching Assistant and Midday Supervisor at Overseal Primary School.
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Email about legal action
Claimant sent an email stating she was considering taking legal action.
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Dismissal
Claimant was dismissed by reason of ill health capability.
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Primary limitation period expired
The three-month time limit for bringing claims expired.
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Email about unfair dismissal
Claimant asked how to claim unfair dismissal.
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Occupational health assessment
Claimant was assessed by Occupational Health for ill health retirement application.
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Online submission
Claimant submitted an online request to put in a claim for unfair dismissal.
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Email about unfair dismissal
Claimant again asked how to put in an unfair dismissal claim.
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Ill health retirement refused
Respondent informed claimant that her ill health retirement application was refused.
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Early conciliation started
Claimant began early conciliation with ACAS.
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Claim presented
Claimant presented her claim to the Employment Tribunal, 415 days late.
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Preliminary hearing
Employment Judge Ayre held a hearing to consider whether the Tribunal had jurisdiction. Claimant did not attend. The Tribunal found the claim was out of time and dismissed it.
The legal issue
The tribunal had to decide whether it could hear claims for unfair dismissal, disability discrimination, and other payments when the claim was presented 415 days after the three-month time limit expired, and whether time should be extended.
The outcome
The tribunal dismissed the claim in its entirety because it was presented far too late.
- The claimant was dismissed on 22 March 2021 but did not present her claim until 11 August 2022 — 415 days after the primary time limit expired.
- She did not attend the preliminary hearing and gave no explanation for the delay.
- The tribunal found that it was reasonably practicable for her to have claimed in time, and there were no grounds to extend time for the discrimination claims.
- No compensation was awarded as the claim was struck out.
Lessons & takeaways
- Employment tribunal claims must be brought within three months of the dismissal date — even if you are unwell, you need to act promptly or seek advice.
- If you miss the deadline, you must provide a compelling reason for the delay; simply being unaware of the time limit is unlikely to be accepted.
- Attending all tribunal hearings is essential — failure to attend without explanation can lead to the claim being dismissed in your absence.
- Emails expressing an intention to claim do not stop the clock — you must actually present a claim to the tribunal within the time limit.
A claim that arrived too late
A teaching assistant with ten years' service was dismissed on ill-health grounds in March 2021. She believed she had been treated unfairly and sent several emails to her employer about taking legal action. But she did not actually present her claim to the employment tribunal until August 2022 — more than a year after the three-month time limit had expired.
By the time the case came before Employment Judge Ayre in Nottingham, the claimant did not attend the hearing and had not provided any explanation for the delay. The respondent, Derbyshire County Council, pointed out that the claimant had a history of not attending meetings during her employment. The judge decided to proceed in her absence.
Why the claim failed
The law requires most employment claims to be brought within three months of the dismissal. For unfair dismissal, the test is whether it was 'reasonably practicable' to claim in time. For discrimination claims, the tribunal can extend time if it is 'just and equitable'. In this case, the claimant had been in contact with her employer and even asked how to claim unfair dismissal as early as September 2021 — well within the time limit. Yet she did not file her claim until nearly a year later, with no reason given.
The judge found that it was reasonably practicable for her to have claimed on time. She had access to email and had been advised to contact her trade union or Citizens Advice. There was no evidence of any physical or mental incapacity that prevented her from acting. As a result, the tribunal had no jurisdiction to hear any of her complaints — including unfair dismissal, disability discrimination, and a claim for a redundancy payment.
What this means for others
This case is a stark reminder that time limits in employment tribunals are strict. Even if you feel you have been unfairly dismissed, you must act quickly. Sending emails to your employer or asking how to claim does not extend the deadline. If you are unsure about the process, seek advice from a trade union, Citizens Advice, or an employment solicitor as soon as possible. Missing the deadline by even a few days can be fatal to your claim, and missing it by over a year with no explanation leaves the tribunal with no choice but to strike it out.
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