Customer sales assistant's constructive dismissal and discrimination claims dismissed as out of time
A customer sales assistant who resigned claiming constructive unfair dismissal and discrimination had most of her claims thrown out for being brought too late. The tribunal also ordered her to pay £11,300 in costs.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a customer sales assistant from 7 August 2019 to 26 October 2021.
- The claimant lodged her claim on 5 November 2021, alleging discrimination and constructive unfair dismissal.
- Several claims were dismissed as out of time, including disability discrimination, race discrimination, and harassment.
- The claimant failed to disclose full Facebook Messenger messages, leading to a postponed hearing and a costs order.
- The Tribunal found the claimant's allegations of sexual harassment were false and that she had acted unreasonably.
- The claimant was ordered to pay £11,300 in costs, with the deposit of £1,300 counting towards that sum.
Timeline
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Employment started
Claimant began working for the First Respondent as a customer sales assistant.
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First alleged race discrimination
Claimant alleges she was not allocated shifts or given disadvantageous shifts due to her race.
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Alleged refusal of break
Claimant alleges manager Mr Hussain refused her a 15-minute break.
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Alleged denial of toilet break
Claimant alleges she was denied an emergency toilet break due to her disability.
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Alleged shouting by manager
Claimant alleges Mrs Keegan shouted for her.
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Various alleged incidents
Claimant alleges refusal to use a chair, deprivation of purchase opportunity, and till discrepancy.
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Alleged victimisation comment
Claimant alleges Mrs Keegan made indirect references to grievance processes.
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Resignation
Claimant resigned with immediate effect, claiming constructive dismissal.
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Claim lodged
Claimant lodged her claim with the Employment Tribunal.
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Preliminary hearing
Employment Judge Morgan held a preliminary hearing to consider time limits and deposit orders.
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Judgment on time issues
Employment Judge Morgan issued a judgment dismissing several claims as out of time.
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Costs judgment
Employment Judge Davies made a costs order of £11,300 against the claimant.
The legal issue
The tribunal had to decide whether the claimant's discrimination and harassment claims were brought within the three-month time limit and, if not, whether it was just and equitable to extend time. It also considered whether the claimant had acted unreasonably in pursuing the claims.
The outcome
The tribunal dismissed claims of disability discrimination, race discrimination, and sexual harassment as out of time, finding no grounds to extend the deadline. The remaining claims were struck out or dismissed as having no reasonable prospects.
A costs order of £11,300 was made against the claimant, with the £1,300 deposit already paid counting towards that sum. The costs were awarded because the claimant had acted unreasonably by pursuing false allegations of sexual harassment and failing to disclose relevant Facebook Messenger messages.
Lessons & takeaways
- Employment tribunal claims must be brought within three months of the act complained of – missing this deadline is usually fatal.
- If you make serious allegations like sexual harassment, the tribunal will expect full disclosure of all relevant communications, including private messages.
- Pursuing a claim that has no reasonable prospect of success can lead to a costs order, even if you are a litigant in person.
- Constructive dismissal claims also have a time limit – you must claim within three months of the effective date of termination.
This case shows the importance of bringing employment tribunal claims promptly. The customer sales assistant resigned in October 2021 and lodged her claim in November 2021, but many of the alleged discriminatory acts dated back to 2019 and 2020 – well outside the three-month time limit. The tribunal refused to extend time, noting that the claimant had not provided a good reason for the delay.
The costs warning
The claimant also faced a costs order of £11,300 after the tribunal found she had pursued false allegations of sexual harassment against a colleague. She had exchanged explicit messages with him but failed to disclose them, causing a hearing to be postponed. The tribunal said her conduct was unreasonable and that she had misled the proceedings.
What could have been done differently
If the claimant had brought her claims within the time limits and been open about all relevant evidence, the outcome might have been different. Employers and employees alike should note that tribunals take time limits seriously and will penalise those who fail to comply with disclosure obligations. For employees considering a claim, seeking early legal advice and keeping a clear record of incidents is essential.
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