37-year employee's constructive dismissal claim rejected as too late
An employee who resigned after 37 years' service and serious illness had her constructive dismissal claim dismissed because she missed the three-month time limit. The tribunal found it was reasonably practicable to bring the claim in time.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant resigned on 31 October 2019 after 37 years' employment.
- She had a heart attack in February 2019 and was on long-term sickness absence.
- She underwent cancer surgery in November 2019 and February 2020.
- She contacted her union (PCS) between March and July 2020 and was advised to give the respondent an opportunity to remedy matters.
- She wrote to the respondent in July 2020 mentioning litigation.
- The respondent provided a full explanation of holiday pay in December 2020, which did not change the claimant's position.
Timeline
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Heart attack
The claimant suffered a heart attack and began long-term sickness absence.
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Resignation
The claimant resigned with immediate effect, claiming constructive unfair dismissal and constructive wrongful dismissal.
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Cancer surgery
The claimant was hospitalised for a cancer operation.
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Holiday pay query
The claimant wrote to the respondent expressing concerns about underpayment of holiday pay.
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Second cancer surgery
The claimant underwent a second operation and returned home on 3 March 2020.
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Letter to respondent
The claimant wrote to the respondent mentioning the possibility of litigation.
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Respondent's explanation
The respondent provided a full explanation of the holiday pay situation, which the claimant found unsatisfactory.
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ACAS early conciliation
The claimant contacted ACAS for early conciliation, which lasted one day.
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Claim submitted
The claimant submitted her claim form to the tribunal by post.
The legal issue
The tribunal had to decide whether the employee's claims for constructive unfair dismissal, breach of contract, and holiday pay were brought within the three-month time limit, and if not, whether it was not reasonably practicable to do so.
The outcome
The tribunal dismissed all claims. The employee resigned on 31 October 2019 but did not submit her claim until 15 February 2021, well over a year later. The tribunal found that despite her serious health issues (heart attack and cancer surgery), she had been in contact with her union and the respondent during 2020, and it was reasonably practicable for her to have brought the claim within the initial three-month period. The delay was not justified by her illness or reliance on union advice, as the union's fault is attributable to the claimant.
Lessons & takeaways
- The three-month time limit for unfair dismissal claims starts from the effective date of termination, so act quickly.
- Serious illness does not automatically extend the time limit; you must show it was not reasonably practicable to bring the claim.
- Relying on union or legal advice does not excuse a late claim if you were generally aware of your rights.
- Keep a record of when you first considered legal action and any steps you took to get advice.
A long career ends in dispute
This case shows how even a long-serving employee with serious health problems can lose the right to bring an unfair dismissal claim by missing the strict three-month time limit. The claimant had worked for HMRC for 37 years before resigning in October 2019, citing constructive dismissal. She had suffered a heart attack earlier that year and underwent cancer surgery shortly after resigning.
What went wrong
The tribunal accepted that the claimant was ill, but noted that she had been well enough to contact her union between March and July 2020 and to write to HMRC in July 2020 mentioning litigation. She also received a full explanation of her holiday pay in December 2020. Despite this, she did not contact ACAS until January 2021 — over a year after her resignation. The tribunal found that her illness did not prevent her from bringing the claim in time, and that any reliance on union advice was not a valid excuse because the union's delay is attributed to the claimant.
Key takeaway for employees
If you believe you have been constructively dismissed, the clock starts ticking immediately. Even if you are unwell or seeking advice, you must either submit your claim within three months (minus one day) or contact ACAS early conciliation within that period. Delays caused by waiting for union or legal advice are rarely accepted as a reason for missing the deadline. This case is a stark reminder that the time limit is strictly enforced, regardless of the merits of the underlying claim.
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