Social worker's constructive dismissal claim dismissed as out of time
A social worker who resigned after a supervision session had her constructive unfair dismissal claim thrown out because she waited too long to bring it. Other discrimination claims were allowed to proceed.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant resigned on 16 August 2021 after a supervision session.
- The claimant began early conciliation on 16 May 2022 and lodged a claim on 23 May 2022.
- The claimant had mental health problems but was able to work as a social worker immediately after resignation.
- The claimant knew about the possibility of a constructive dismissal claim from January 2022.
- The claimant's trade union advised against a formal grievance but did not prevent her from bringing a claim.
Timeline
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Started employment
Claimant started as a locum social worker with Ealing Council.
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Became permanent social worker
Claimant was offered and accepted a permanent social worker role.
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Appointed interim senior social worker
Claimant was appointed to the role of interim senior social worker.
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Began psychological therapy
Claimant started fortnightly therapy sessions with a clinical psychologist.
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Certified unfit for work
Claimant was certified unfit due to depression and anxiety, returning in October 2020.
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Occupational health assessment
Claimant was assessed by occupational health; reported pressure to increase hours.
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Successful application for permanent senior role
Claimant was advised of successful application but with reduced hours and salary.
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Resigned
Claimant resigned after a supervision session with Andrew Chapman.
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Submitted pre-grievance complaint
Claimant submitted a pre-grievance complaint raising issues about her last date, holiday, and working relationship.
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Lodged ET1 claim
Claimant lodged an employment tribunal claim for constructive unfair dismissal and sex discrimination.
The legal issue
The tribunal had to decide whether the claimant's constructive unfair dismissal claim was presented within the three-month time limit, and if not, whether it was reasonably practicable for her to have done so and whether time should be extended.
The outcome
The tribunal dismissed the constructive unfair dismissal claim as out of time. It found that the claimant knew about the possibility of a claim from January 2022, and there was no reason she could not have presented it by the deadline of 15 November 2021. The tribunal also dismissed claims of disability discrimination, victimisation and harassment as out of time and not just and equitable to extend. However, claims of direct sex discrimination were allowed to proceed as it was just and equitable to extend time.
- Constructive unfair dismissal: dismissed as out of time
- Direct sex discrimination: allowed to proceed
- Disability discrimination, victimisation, harassment: dismissed as out of time
Lessons & takeaways
- Time limits for unfair dismissal claims are strict – you generally have three months from the effective date of termination to present your claim.
- If you know about the possibility of a claim, you should act promptly; waiting for a trade union's advice or pursuing an internal grievance does not automatically extend the time limit.
- For discrimination claims, the tribunal has discretion to extend time if it is 'just and equitable', but this is not guaranteed – delays can still be fatal.
- Keep records of when you first became aware of a potential claim, as this will be key evidence in any time limit dispute.
This case highlights the strict time limits that apply to employment tribunal claims, particularly for constructive unfair dismissal. The claimant, a social worker with nine years' service, resigned after a difficult supervision session in August 2021. She did not present her claim until May 2022, nearly nine months later. The tribunal found that she knew about the possibility of a constructive dismissal claim from January 2022, and there was no reason she could not have brought it within the three-month time limit. The fact that her trade union advised against a formal grievance did not prevent her from bringing a claim.
What the losing side could have done differently
The claimant could have sought legal advice earlier and presented her claim promptly after resignation. Even if she wanted to explore internal resolution, she could have lodged a claim to protect her position and then requested a stay. The tribunal noted that she was able to work as a social worker immediately after resignation, which undermined her argument that her mental health prevented her from acting in time.
Why this matters for similar claims
This case is a reminder that time limits are a procedural hurdle that can defeat otherwise valid claims. For constructive dismissal, the clock starts ticking from the date of resignation. Claimants should not assume that pursuing a grievance or waiting for union advice will extend the deadline. However, the tribunal did allow sex discrimination claims to proceed, showing that different rules apply to discrimination claims, where the tribunal has wider discretion to extend time if it is 'just and equitable'.
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