Constructive dismissal claim dismissed as too late: no medical evidence for delay
A former kitchen designer's constructive unfair dismissal claim was thrown out after he filed it four months late, with the tribunal finding he could have acted sooner despite seeking advice.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant resigned on 14 September 2021 and claimed constructive dismissal.
- The effective date of termination was determined to be 24 September 2021.
- ACAS Early Conciliation took place from 18 November 2021 to 22 November 2021.
- The claim form was presented on 6 May 2022, which was 4 months and 8 days after the deadline of 28 December 2021.
- The claimant had sought advice from ACAS, GMB union, and Protect before resigning.
- The claimant provided no medical evidence to support his claim of ill health preventing timely filing.
Timeline
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Employment started
The claimant began employment with the respondent.
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Formal grievance
The claimant made a formal grievance regarding issues at work.
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Contacted GMB union
The claimant emailed GMB union, referencing advice from ACAS, GMB, and Protect.
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Complaint about constructive dismissal
The claimant complained about the substance leading to his constructive dismissal.
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Appealed grievance
The claimant appealed against his grievance outcome.
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Declined to attend appeal hearing
The claimant said he would not attend the appeal hearing due to ill health.
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Resignation
The claimant resigned, citing fundamental breach of contract and constructive dismissal.
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Effective date of termination
The respondent treated the resignation as effective 7 days after notice, with payment in lieu of notice.
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New job started
The claimant began working as a kitchen designer.
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ACAS Early Conciliation started
ACAS Early Conciliation certificate issued, covering 18-22 November 2021.
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Deadline for claim
The last day for issuing proceedings was 28 December 2021.
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Claim form presented
The claimant presented his claim to the Employment Tribunal, 4 months and 8 days late.
The legal issue
The tribunal had to decide whether the claimant's claims for automatic unfair dismissal (whistleblowing and health and safety) and breach of contract were presented within the three-month time limit, and if not, whether it was not reasonably practicable for them to be presented in time.
The outcome
The tribunal dismissed all claims because they were presented too late.
- The effective date of termination was 24 September 2021, meaning the deadline to file was 28 December 2021.
- The claimant filed on 6 May 2022 – over four months late.
- He argued that ill health prevented him from filing in time, but provided no medical evidence to support this.
- The tribunal found that he had sought advice from ACAS, his union, and Protect before resigning, and could have filed sooner.
- No compensation was awarded as the tribunal lacked jurisdiction.
Lessons & takeaways
- The time limit for bringing an unfair dismissal claim is three months from the effective date of termination – missing it by even a few days can be fatal.
- If you rely on ill health to explain a late claim, you must provide medical evidence; a bare assertion is unlikely to succeed.
- Seeking advice from ACAS or a union does not automatically extend the time limit – you must still act promptly.
- Constructive dismissal claims still require two years' service for ordinary unfair dismissal, but automatic unfair dismissal (e.g. whistleblowing) has no service requirement – but the time limit still applies.
This case shows how strictly employment tribunals apply time limits, even when a claimant has a potentially strong underlying complaint. The former kitchen designer resigned in September 2021, claiming he was forced out after raising health and safety and whistleblowing concerns. He sought advice from ACAS, his union, and the charity Protect before resigning – but then waited over four months after the deadline to file his claim.
Why the delay mattered
The tribunal accepted that the claimant had been unwell, but he provided no medical evidence to explain why he could not have filed within the three-month window. The judge noted that he was well enough to seek advice, start a new job in October 2021, and engage with ACAS early conciliation in November. Without medical proof, the tribunal found it was reasonably practicable for him to have presented his claim on time.
What the respondent did right
Leighton Buzzard Self Storage Ltd (t/a Cinch Self Storage) argued that the claim was out of time and the tribunal agreed. The respondent had legal representation and a clear paper trail showing the claimant was aware of the deadlines. The claimant, acting in person, was unable to rebut this.
What this means for similar claims
This case is a reminder that time limits are non-negotiable. If you are considering an employment tribunal claim, the clock starts ticking from the date your employment ends – not when you feel ready. If you cannot file in time due to illness, gather medical evidence immediately. Seeking advice is helpful, but it is your responsibility to meet the deadline.
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