Former owner's constructive dismissal claim dismissed as too late
A tribunal dismissed a former employee's claims of constructive unfair dismissal and age discrimination because they were brought too late, despite his ill health and furlough.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant resigned on 9 February 2022 with effect from 28 February 2022.
- The claimant was invited to the Christmas party on 13 December 2021, which he considered the most recent act of age discrimination.
- The claimant was on furlough until 2 August 2021 and then off sick until resignation.
- The claimant contacted ACAS on 26 June 2022 and issued the claim on 27 June 2022.
- The claimant had some legal advice in February 2022 and was aware of a three-month time limit.
Timeline
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Start of COVID-19 pandemic
The claimant alleges age discrimination began before the pandemic.
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Last day of furlough
The claimant's last day on furlough was 2 August 2021.
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Return to work
The claimant returned to work on 3 August 2021.
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Absent due to ill health
The claimant was absent from work due to ill health and never returned.
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Invited to Christmas party
The claimant was invited to the Christmas party, which he believed was later than colleagues.
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Agreed with GP unable to return
The claimant agreed with his GP that he could not return to work.
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Resignation letter
The claimant resigned by letter, raising a grievance.
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Effective date of termination
The claimant's resignation took effect.
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Grievance meeting
A grievance meeting was held, attended by the claimant's daughter.
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Grievance outcome
The grievance was not upheld, confirmed in writing.
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ACAS early conciliation started
The claimant contacted ACAS.
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Claim issued
The claim was issued at the tribunal.
The legal issue
The tribunal had to decide whether the claimant's claims for constructive unfair dismissal, age discrimination, and unlawful deduction from wages were filed within the statutory time limits, and if not, whether time should be extended on just and equitable grounds or because it was not reasonably practicable to file in time.
The outcome
The tribunal dismissed all claims because they were presented too late.
- The age discrimination claim was based on acts that ended with the Christmas party invitation on 13 December 2021, but the claim was not filed until 27 June 2022, well over three months later.
- The constructive unfair dismissal claim arose from the resignation on 28 February 2022, but the claim was filed on 27 June 2022, also outside the three-month limit.
- The tribunal found that the claimant had received legal advice in February 2022 and was aware of the time limits. His ill health did not prevent him from contacting ACAS or filing in time.
- The tribunal refused to extend time on just and equitable grounds, noting the delay was significant and unexplained.
Lessons & takeaways
- Employment tribunal claims must usually be brought within three months of the act you are complaining about — even if you are unwell or on furlough.
- If you receive legal advice about a time limit, you are expected to act on it promptly; ignorance or delay after advice will not excuse late claims.
- A single act, like a late Christmas party invitation, may be the last act of discrimination — but you still have only three months from that date to bring a claim.
- Constructive dismissal claims run from the effective date of termination (when your resignation takes effect), not from when you first felt forced to resign.
A claim that ran out of time
This case shows how strictly employment tribunals apply time limits, even when a claimant has been unwell and on furlough. The former employee, who had previously owned the company, resigned in February 2022 alleging age discrimination and constructive unfair dismissal. But by the time he filed his claim in late June 2022, the three-month window had closed for both claims.
The tribunal noted that the most recent act of age discrimination was the Christmas party invitation on 13 December 2021 — meaning the deadline for that claim was 12 March 2022. The constructive dismissal claim arose from his resignation taking effect on 28 February 2022, giving a deadline of 27 May 2022. The claimant contacted ACAS on 26 June 2022, which was too late.
Why the delay mattered
The claimant argued that his ill health and the fact he had been on furlough made it not reasonably practicable to bring the claim in time. However, the tribunal found he had received legal advice in February 2022 and was aware of the three-month limit. He had also been well enough to attend a grievance meeting in March 2022. The tribunal concluded that he could have contacted ACAS or filed his claim earlier, and refused to extend time.
What this means for others
If you believe you have been unfairly dismissed or discriminated against, do not wait. Time limits are strict and tribunals rarely extend them. Even if you are unwell, you should seek advice and act as soon as possible. A delay of even a few days can mean your claim is thrown out, no matter how strong the underlying case.
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