Former employee's constructive dismissal claim thrown out for being too late
A tribunal has dismissed a former employee's claims of constructive unfair dismissal, unpaid wages and race discrimination against Whitbread Group Plc because they were brought too late.
2 min read · Last updated 18 May 2026
Case details
Key facts
- Ms Doughty resigned on 11 July 2022.
- She presented her claim to the tribunal on 5 January 2023.
- The claims were brought outside the statutory time limits.
- The tribunal found it was reasonably practicable for her to bring the claims in time.
- The tribunal declined to extend time for the race discrimination claim.
Timeline
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Alleged pay failure begins
The respondent allegedly failed to pay for an additional hour per week from 2006.
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Alleged minimum wage failure
The respondent allegedly failed to pay minimum wage from 2015.
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Letters received
Ms Doughty received letters including an invitation to a disciplinary hearing and cessation of wages.
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Resignation
Ms Doughty resigned from her employment and suggested a settlement sum.
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Respondent email
The respondent sent an email which Ms Doughty claimed persuaded her to wait for internal procedures.
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Return to UK
Ms Doughty returned to the UK from Zimbabwe.
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Aware of time limits
Ms Doughty became aware of the applicable time limits.
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ACAS Early Conciliation started
Ms Doughty commenced ACAS Early Conciliation.
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Early Conciliation ended
Early Conciliation ended.
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Claim presented
Ms Doughty presented her claim to the tribunal.
The legal issue
The tribunal had to decide whether the former employee's claims were presented within the statutory time limits, and if not, whether time should be extended for unfair dismissal, unpaid wages, or race discrimination.
The outcome
The tribunal dismissed all claims as out of time.
- The former employee resigned on 11 July 2022 but did not present her claim until 5 January 2023, well beyond the three-month limit.
- The tribunal held that it was reasonably practicable for her to bring the unfair dismissal and unpaid wages claims in time, and she had not acted promptly after learning of the time limits.
- For the race discrimination claim, the tribunal decided it was not just and equitable to extend time, given the significant delay and lack of good reason.
No compensation was awarded as the claims were not heard on their merits.
Lessons & takeaways
- Employment tribunal claims must be brought within strict time limits — usually three months from the date of dismissal or the last act of discrimination.
- Waiting for internal procedures to conclude does not automatically extend the time limit for bringing a tribunal claim.
- If you think you may have a claim, seek legal advice early and do not delay presenting your claim to the tribunal.
- Time limits for discrimination claims can be extended if it is 'just and equitable', but the longer the delay, the harder it is to persuade a tribunal.
A cautionary tale about tribunal time limits
This case shows how strictly employment tribunals enforce time limits, even when a former employee has what might otherwise be a strong claim. The former employee resigned from Whitbread Group Plc in July 2022, alleging constructive dismissal, unpaid wages going back years, and race discrimination. But she did not lodge her tribunal claim until January 2023 — almost six months later.
The tribunal accepted that she had been abroad receiving medical treatment and that the respondent had sent an email that she interpreted as encouraging her to wait for internal procedures. However, the judge found that none of these reasons made it 'not reasonably practicable' for her to bring the unfair dismissal and unpaid wages claims within the three-month window. She had been aware of the time limits since October 2022 and still waited until January.
What the respondent did right — and what the claimant could have done differently
Whitbread Group Plc successfully argued that the claims were out of time. The tribunal noted that the claimant had previously raised internal complaints about race discrimination but had not pursued them to tribunal. The delay in bringing the discrimination claim — some allegations dating back to 2006 — was simply too great to justify an extension.
The former employee could have protected her position by presenting a protective claim to the tribunal within three months of resigning, even if she hoped to settle the matter internally. Once the deadline passes, tribunals have very limited discretion to allow claims to proceed.
Why this matters for similar claims
This decision is a reminder that employment tribunal time limits are not flexible. If you are considering a claim for unfair dismissal, unpaid wages, or discrimination, the clock starts ticking from the date of the act you are complaining about — not from when you finally decide to act. Waiting for internal grievance outcomes or hoping for a settlement can leave you without a remedy. The message from this tribunal is clear: if you want to bring a claim, do it in time.
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