Constructive dismissal claim fails as tribunal refuses to extend time limit
A former Network Rail employee's constructive dismissal and breach of contract claims were thrown out because he missed the three-month time limit by three days. The tribunal refused to extend time, finding he had not shown it was not reasonably practicable to claim on time.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant resigned on 6 August 2021.
- The claimant contacted ACAS on 8 November 2021, three days after the time limit expired.
- The ET1 was lodged on 23 December 2021, about 4.5 months after the effective date of termination.
- The claimant had mental health issues but produced no contemporaneous medical evidence for the relevant period.
- The claimant obtained a new job on 23 August 2021 and did not take sick leave.
- The claimant had a friend who was an employment solicitor who contacted ACAS on his behalf.
Timeline
-
Resignation
The claimant resigned and his employment ended.
-
New job started
The claimant started a new job working 40 hours per week on shift work.
-
Time limit expired
The three-month time limit for bringing claims expired.
-
ACAS contacted
The claimant (or his friend) contacted ACAS, three days late.
-
EC certificate issued
The early conciliation certificate was dated.
-
ET1 lodged
The claimant lodged his claim with the employment tribunal.
-
PTSD diagnosis
The claimant was diagnosed with PTSD.
-
Preliminary hearing
The tribunal heard the time limit issue.
-
Judgment sent
The judgment was signed and sent to the parties.
The legal issue
The tribunal had to decide whether the claimant's claims were brought within the statutory time limits, and if not, whether to extend time. For unfair dismissal and breach of contract, the test is whether it was 'not reasonably practicable' to bring the claim in time. For discrimination claims, the test is whether it is 'just and equitable' to allow the claim to proceed late.
The outcome
The tribunal decided that the constructive unfair dismissal and breach of contract claims were out of time and refused to extend time, meaning those claims cannot proceed. However, the disability-related harassment and victimisation claims were also out of time, but the tribunal exercised its discretion to allow those claims to proceed on a just and equitable basis.
The key reasons were:
- The claimant resigned on 6 August 2021, meaning the time limit expired on 5 November 2021. He contacted ACAS on 8 November 2021 (three days late) and lodged his claim on 23 December 2021 (about 4.5 months after termination).
- For the constructive dismissal and breach of contract claims, the claimant argued his mental health prevented him from claiming in time, but he produced no contemporaneous medical evidence. He also had access to an employment solicitor friend who contacted ACAS on his behalf, which undermined his claim of incapacity.
- The tribunal found it was reasonably practicable for him to have brought those claims in time, so no extension was granted.
- For the discrimination claims, the tribunal applied the more flexible 'just and equitable' test and allowed them to proceed, given the potential merits and the relatively short delay.
No compensation was awarded as the claims were only partially allowed to proceed; the discrimination claims will be heard later.
Lessons & takeaways
- The three-month time limit for employment tribunal claims is strict — even a delay of a few days can be fatal, especially for unfair dismissal and breach of contract claims.
- If you have mental health issues that prevent you from claiming in time, you must provide contemporaneous medical evidence to support this; a later diagnosis may not be enough.
- Having access to a solicitor (even a friend) who can advise you and contact ACAS on your behalf will count against a claim that it was not reasonably practicable to bring the claim in time.
- The test for extending time is different for discrimination claims ('just and equitable') than for unfair dismissal ('not reasonably practicable') — the former is more flexible and may allow late claims to proceed.
- If you are unsure about time limits, seek advice as soon as possible — waiting until after the deadline can lose your right to claim.
This case highlights the strict time limits that apply to employment tribunal claims, and how the test for extending time differs depending on the type of claim. The former employee resigned from Network Rail on 6 August 2021, but did not contact ACAS until 8 November 2021 — three days after the three-month deadline had passed. He then lodged his claim on 23 December 2021, some 4.5 months after his employment ended.
Why the unfair dismissal claim failed
For unfair dismissal and breach of contract claims, the tribunal can only extend time if the claimant shows it was 'not reasonably practicable' to bring the claim within the time limit. This is a high bar. The claimant argued that his severe depression and suicidal ideation made it impossible for him to act sooner. However, he produced no contemporaneous medical evidence — only a PTSD diagnosis from May 2022, eight months after his resignation. The tribunal noted that he had started a new job on 23 August 2021 (working 40 hours a week on shifts) and had not taken any sick leave, which undermined his claim of incapacity. Crucially, he had a friend who was an employment solicitor, and that friend contacted ACAS on his behalf on 8 November 2021. The tribunal found that the claimant had not shown it was not feasible for him to have brought the claim in time.
Why the discrimination claims were allowed to proceed
The discrimination claims (disability-related harassment and victimisation) were also late, but the tribunal applied a different test: whether it is 'just and equitable' to extend time. This test is more flexible and allows the tribunal to consider the balance of prejudice and the merits of the claim. The tribunal decided to allow those claims to proceed, meaning the case will continue on those grounds.
What this means for similar claims
This case is a reminder that time limits are unforgiving, especially for unfair dismissal claims. If you have a valid reason for delay — particularly ill health — you need to gather medical evidence at the time, not months later. Having access to legal advice (even informally) will also count against a claim that it was not reasonably practicable to act. The different tests for different claims mean that even if your unfair dismissal claim is out of time, your discrimination claims may still be allowed to proceed if it is just and equitable to do so.
Similar cases
Plumber with back injury forced to resign after employer ignored adjustments
A plumber with six years' service was awarded £134,411 after his employer failed to implement occupational health recommendations, cut his sick pay, and ignored his grievance. The tribunal found constructive unfair dismissal and disability discrimination.
Late claim form costs employee unfair dismissal case despite discrimination claims proceeding
A senior customer service adviser with less than two years' service had his unfair dismissal claim thrown out for being presented 4.5 months late, but his discrimination claims will proceed to a full hearing.
Constructive dismissal claim dismissed as out of time: the importance of acting promptly
A Quality Assurance Expert who resigned claiming constructive dismissal had her entire claim thrown out because she waited over three months to begin Early Conciliation. The tribunal found no excuse for the delay.
Constructive dismissal claim dismissed as five days late: the importance of tribunal time limits
A telesales advisor who resigned after a flexible working request was refused had her unfair dismissal and discrimination claims thrown out because she submitted her claim five days past the deadline, despite knowing the time limit.