Social worker's constructive dismissal claim allowed to proceed despite being late
A social worker with 14 years' service resigned after raising concerns about a colleague's return to work. Her claim was filed 7 days late, but the tribunal allowed it to proceed due to ongoing ACAS negotiations and her mental health.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant resigned on 4 November 2021 after raising concerns about a colleague's return to work.
- She submitted her claim form on 30 March 2022, after the extended time limit of 23 March 2022.
- The claimant had been in settlement negotiations via ACAS until 22 March 2022.
- The tribunal found it was not reasonably practicable for her to have brought the claim in time due to ongoing negotiations and her mental health.
- The tribunal refused to strike out the claim or order a deposit, finding factual disputes required a full hearing.
Timeline
-
Meeting about colleague's return
Claimant and colleagues met with managers to raise concerns about a colleague returning to work after a drink-driving conviction.
-
Sickness absence begins
Claimant went on sick leave due to stress, remaining off until 27 July 2021.
-
Grievance submitted
Claimant submitted a grievance under the respondent's Resolution policy, raising concerns about the colleague's return and unequal treatment.
-
Appeal outcome
Jean Thomas, Director of Adults, Housing and Communities, partly upheld the claimant's appeal.
-
Compromise offer
Ms Thomas offered the claimant a trial period in a new post before formal redeployment.
-
Phased return begins
Claimant started a phased return to a new post in the MHSOP team.
-
Further sickness absence
Claimant was absent from work due to sickness and did not return.
-
Resignation
Claimant resigned with immediate effect, citing loss of confidence in the employer.
-
ACAS early conciliation started
Claimant contacted ACAS for early conciliation (Day A).
-
ACAS certificate issued
Early conciliation certificate issued (Day B), extending the time limit to 23 March 2022.
-
Settlement negotiations break down
Claimant believed a settlement was reached but ACAS conciliator did not confirm; claimant became distressed.
-
Claim form submitted
Claimant submitted her claim form, 7 days after the extended time limit.
The legal issue
The tribunal had to decide whether the claimant's unfair dismissal claim was presented within the statutory time limit, and if not, whether it was not reasonably practicable for her to have done so and whether she presented it within a further reasonable period.
The outcome
The tribunal decided that the claimant's unfair dismissal claim was presented 7 days late, but it was not reasonably practicable for her to have brought it in time. She was engaged in ACAS conciliation until 22 March 2022, the day before the extended deadline, and believed a settlement had been reached. When that fell through, she became distressed and filed her claim on 30 March 2022. The tribunal also refused the respondent's applications to strike out the claim or order a deposit, finding factual disputes that require a full hearing.
- No compensation awarded at this stage (preliminary hearing only).
- The claim will proceed to a full hearing on constructive unfair dismissal, protected disclosure detriment, and disability discrimination.
Lessons & takeaways
- If you are in ACAS early conciliation, make sure you understand the deadline for filing your claim after the certificate is issued — the clock starts ticking immediately.
- Mental health difficulties can be a valid reason for a late claim, but you should seek advice as soon as possible to avoid missing the deadline.
- Settlement negotiations do not automatically extend the time limit — you must still file your claim before the deadline unless you have a good reason for the delay.
- Tribunals are reluctant to strike out claims at a preliminary stage if there are factual disputes that need to be heard at a full hearing.
A late claim that survived
This case shows that even when a claim is filed after the deadline, it can still proceed if the circumstances explain the delay. The claimant, a social worker with 14 years' service, resigned after raising concerns about a colleague's return to work. She entered ACAS early conciliation, which extended her time limit to 23 March 2022. However, she believed a settlement had been reached on 22 March, only to discover the conciliator did not confirm it. Distressed, she filed her claim on 30 March — seven days late.
The tribunal accepted that it was not reasonably practicable for her to have filed on time. The combination of ongoing negotiations, the sudden collapse of the expected settlement, and her mental health made it reasonable for her to file shortly after. The tribunal also refused to strike out the claim, noting that the facts were disputed and needed a full hearing.
What the employer could have done differently
Cardiff County Council argued that the claim was too late and had no reasonable prospects. But the tribunal found that the claimant had raised protected disclosures and alleged disability discrimination, which are serious issues. The employer might have avoided the time-limit dispute by clarifying the status of the settlement negotiations earlier, or by agreeing to a short extension. Instead, the case will now proceed to a full hearing, which could have been avoided.
Why this matters
For employees considering a constructive dismissal claim, this case is a reminder that the time limit is strict but not absolute. If you have a good reason for a short delay — especially if you were trying to resolve the matter through ACAS — the tribunal may still hear your case. However, you should always aim to file within the deadline, and seek legal advice if you are unsure.
Similar cases
Care worker resigned after 'so bipolar' comment and sudden role change: constructive dismissal claim allowed to proceed
A care assessment officer who was told she was 'so bipolar' and had her role changed with less than 24 hours' notice has been allowed to add protected disclosure claims to her constructive dismissal case.
Registered Nurse lost constructive dismissal claim over protected disclosure and discrimination
A tribunal dismissed all claims by a dementia ward nurse who resigned after suspension, finding no link between his protected disclosure and the employer's actions.
Constructive dismissal claims survive strike-out attempt: lessons for employers on trust and confidence
An experienced HR professional's claims of constructive unfair dismissal and disability discrimination will proceed to a full hearing after the tribunal refused to strike them out, though deposit orders were made.
20-year lunchtime supervisor loses constructive dismissal claim filed too late
A lunchtime supervisor with 20 years' service resigned claiming constructive dismissal but filed her claim 117 days late. The tribunal dismissed the claim for lack of jurisdiction and struck out discrimination claims as having no reasonable prospect of success.