Former employee's claims struck out as out of time and for unreasonable conduct
A former employee's unfair dismissal, whistleblowing and discrimination claims have been struck out after being brought too late, with the tribunal also citing unreasonable conduct. The respondent was awarded £5,000 in costs.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant brought claims of unfair dismissal, whistleblowing, and discrimination under the Equality Act 2010.
- The respondent applied to strike out the claims.
- The first hearing on 15 March 2023 struck out some claims and adjourned others.
- The second hearing on 7 August 2023 struck out the remaining claims as out of time and due to unreasonable conduct.
- The claimant did not attend the second hearing.
- The respondent was awarded £5,000 in costs.
Timeline
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First hearing
Employment Judge Feeney struck out claims of unfair dismissal (Section 92 ERA), whistleblowing (S.103 ERA), and some Equality Act claims. Adjourned applications regarding termination of job offer and costs to 25 May 2023.
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Second hearing
The claimant did not attend. The remaining claims were struck out as out of time and due to unreasonable conduct. The respondent's costs application succeeded, awarding £5,000.
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Judgment date
Employment Judge Feeney issued the judgment.
The legal issue
Whether the claimant's remaining claims should be struck out as being out of time and/or due to unreasonable conduct, and whether the respondent should be awarded costs.
The outcome
The tribunal struck out all remaining claims brought by the former employee against Change Grow Live.
The claims were struck out on two grounds: first, they were presented outside the time limits and it was not appropriate to extend time; second, the claimant had engaged in unreasonable conduct.
The respondent was awarded £5,000 in costs.
Lessons & takeaways
- Employment tribunal claims must be brought within strict time limits – usually three months from the act complained of.
- Failing to attend hearings without good reason can lead to claims being struck out and a costs order against you.
- Unreasonable conduct, such as pursuing claims that are clearly out of time, can result in a costs award of up to £10,000.
- If you are bringing a claim in person, seek legal advice early to avoid procedural pitfalls.
What this case shows
This case demonstrates the importance of adhering to tribunal deadlines and procedures. The former employee brought a range of claims including unfair dismissal, whistleblowing and discrimination against their former employer, Change Grow Live. However, the claims were significantly out of time, and the tribunal found that it would not be just and equitable to extend the deadline.
What the losing side could have done differently
The claimant could have sought legal advice promptly after their dismissal to understand the strict time limits. They also could have attended the final hearing – their absence without explanation contributed to the strike-out and the costs order. Engaging with the process and providing reasonable explanations for any delays might have led to a different outcome.
Why this matters
For anyone considering an employment tribunal claim, this case is a reminder that time limits are strictly enforced. Even if you have a potentially strong case, missing the deadline can be fatal. Additionally, tribunals have powers to strike out claims and award costs where a party acts unreasonably. It is always advisable to get early legal advice and to engage fully with the tribunal process.
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