Constructive dismissal claim dismissed: the perils of waiting too long to bring a tribunal claim
A former employee who waited over two years to bring claims for constructive dismissal and discrimination saw his case thrown out by an employment tribunal for being out of time.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant's employment began on 8 April 2019 and ended on 30 June 2019.
- The claimant signed a settlement agreement but did not receive independent legal advice.
- The claimant was diagnosed with vasculitis in November 2019.
- The claimant presented his claim to the tribunal on 8 December 2021, over two years after the termination.
- The claimant's claims included automatically unfair dismissal, detriment for protected disclosures, and direct discrimination based on philosophical belief.
- The tribunal found that it was reasonably practicable for the claimant to bring his claims within the time limits and that it was not just and equitable to extend time.
Timeline
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Employment commenced
The claimant started working for Chorley Borough Council.
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Alleged threats and aggressive behaviour
The claimant alleges M Lester threatened to dismiss him and D Taylor acted aggressively towards him.
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Employment ended
The claimant's employment ended by a settlement agreement.
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Settlement agreement executed
The settlement agreement was signed by email.
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Alleged discrimination
The claimant alleges G Hall prevented his appointment as a surveyor at South Ribble Council, amounting to direct discrimination.
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Diagnosed with vasculitis
The claimant was formally diagnosed with vasculitis, a life-threatening condition.
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First COVID-19 lockdown
The UK entered its first national lockdown due to the pandemic.
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Early conciliation started
The claimant contacted ACAS to begin early conciliation.
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Claim presented to tribunal
The claimant presented his claim form to the Employment Tribunal.
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Preliminary hearing
The tribunal heard evidence and submissions on time limitation issues.
The legal issue
The tribunal had to decide whether the former employee's claims were brought within the prescribed time limits (usually three months less one day from the end of employment), and if not, whether time should be extended on grounds of reasonable practicability or just and equity.
The outcome
The tribunal dismissed all claims for want of jurisdiction due to time limits.
- The former employee's employment ended on 30 June 2019, but he did not present his claim until 8 December 2021 – over two years later.
- The tribunal found that it was reasonably practicable for him to have brought his claims within the initial time limit, and that it was not just and equitable to extend time.
- No compensation was awarded as the claims were dismissed in their entirety.
Lessons & takeaways
- Employment tribunal claims must usually be brought within three months less one day of the act complained of – delays of more than a few months are rarely excused.
- Illness, even a serious condition like vasculitis, will not automatically extend time if you were capable of bringing a claim earlier.
- Settlement agreements without independent legal advice may not waive your right to bring certain claims, but they do not reset the clock for time limits.
- If you believe you have a claim, seek legal advice promptly – waiting even a few weeks can put you at risk of being out of time.
This case illustrates a hard truth about employment tribunal claims: time limits are strict, and even serious illness will not necessarily justify a delay of many months.
The former employee worked for Chorley Borough Council for less than three months in 2019. His employment ended by a settlement agreement on 30 June 2019. He later claimed he had been constructively dismissed and discriminated against, but he did not present his claim to the tribunal until December 2021 – over two years later.
The tribunal accepted that the former employee had been diagnosed with vasculitis, a life-threatening condition, in November 2019. However, the judge noted that he had been able to engage with other matters during that period, and that there was no medical evidence showing he was incapable of bringing a claim earlier. The tribunal also considered the COVID-19 pandemic but found it did not prevent him from acting.
What the tribunal decided
The tribunal found that it was reasonably practicable for the former employee to have brought his claims within the usual three-month time limit. It also decided that it would not be just and equitable to extend time for his discrimination claim, given the length of the delay and the lack of a good reason for it.
All claims were dismissed. The former employee received no compensation.
What this means for similar claims
This case is a reminder that employment tribunals expect claimants to act quickly. If you think you may have a claim, you should seek legal advice and present your claim as soon as possible – ideally within weeks, not months. Delays caused by illness or other personal circumstances may be considered, but they will only rarely excuse a delay of more than a few months.
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