Constructive dismissal and discrimination claim dismissed as out of time

This case highlights the importance of adhering to strict time limits when bringing employment tribunal claims. The former employee, who had three years' service with Sage UK Ltd, resigned in December 2021 and her employment ended in March 2022. She presented her claim on 18 July 2022 – over three months after the effective date of termination for her unfair dismissal claim, and well beyond the three-month limit for discrimination claims.

What the tribunal considered

The tribunal first had to decide whether to extend time. For the unfair dismissal claim, the test is whether it was 'reasonably practicable' to bring the claim in time. The employee argued that ill health and difficulties meeting with her representative caused the delay. However, the tribunal found that it was reasonably practicable to have presented the claim on time, noting that she had been in contact with her representative before the deadline.

For the discrimination claims, the tribunal considered whether it was 'just and equitable' to extend time. This is a broader test, but the tribunal concluded that the reasons given – mainly health issues and reliance on a representative – did not justify the delay. The tribunal also refused an amendment to add further allegations about events after maternity leave, as these were not part of the original claim and were raised too late.

What could have been done differently

The employee could have sought advice earlier and presented her claim before the deadline, even if the details were not fully worked out. A protective claim can be amended later. Relying on a representative without ensuring the claim was lodged in time proved fatal.

Why this matters

This case is a reminder that time limits are a procedural hurdle that can defeat otherwise meritorious claims. Employees considering a tribunal claim should act promptly and, if in doubt, submit a claim within the time limit to preserve their rights.