Deputy team manager's constructive dismissal claims struck out as out of time
A social worker who resigned claiming constructive dismissal had all her claims struck out after presenting them two weeks late. The tribunal refused amendments and found no reasonable excuse for the delay.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a social worker and later Deputy Team Manager from 3 May 2011 until she resigned on 22 January 2020.
- She presented claims of unfair dismissal, disability discrimination, and detriment for making protected disclosures on 9 August 2020, which was after the 26 July 2020 deadline.
- The claimant's applications to amend her claim on 15 August 2020 and 20 November 2020 were refused.
- The tribunal found that the claimant had not provided a satisfactory explanation for the delay in presenting her claims, rejecting her argument that severe illness prevented her from instructing her advisor.
- All claims were struck out as having no reasonable prospect of success due to being out of time.
Timeline
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Employment started
Claimant began employment as a social worker with the respondent.
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Long-term sickness began
Claimant was off work from January 2019 to May 2019 due to mechanical back injury and gall bladder issues.
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Contacted employment advisor
Claimant contacted an employment law advisor regarding matters in her employment.
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Resignation
Claimant resigned from her position as Deputy Team Manager, citing constructive dismissal.
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Employment ended
Claimant's employment formally ended on her effective date of termination.
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Early conciliation started
Claimant commenced early conciliation through ACAS.
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ACAS certificate issued
ACAS issued the early conciliation certificate.
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Time limit for claims
Deadline for presenting claims; claims were not presented until 9 August 2020.
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Claims presented
Claimant presented claims for unfair dismissal, disability discrimination, and detriment for making protected disclosures.
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First amendment application
Claimant submitted detailed grounds of complaint, but these were not provided to the respondent at that time.
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Second amendment application
Claimant applied to amend to add post-termination discrimination and address jurisdictional issues.
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Preliminary hearing (rule 12 issue)
Employment Judge Welch decided that the claim should not have been rejected under rule 12(1)(b).
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Public Preliminary Hearing
Employment Judge Byrne heard amendment and strike out applications.
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Judgment issued
Employment Judge Byrne refused amendments and struck out all claims as out of time.
The legal issue
The tribunal had to decide whether to allow the claimant to amend her claim and whether the claims should be struck out as having no reasonable prospect of success because they were presented outside the three-month time limit for bringing employment tribunal claims.
The outcome
The tribunal struck out all claims of unfair dismissal, disability discrimination, and detriment for making protected disclosures.
The key reason was that the claims were presented on 9 August 2020, after the deadline of 26 July 2020. The claimant argued that severe illness prevented her from instructing her advisor, but the tribunal found this explanation unsatisfactory.
No compensation was awarded as the claims were struck out.
Lessons & takeaways
- Employment tribunal claims must be presented within three months of the date of dismissal or the act complained of – even a short delay can be fatal.
- If you are too ill to bring a claim yourself, ensure your legal advisor has clear instructions and can act on your behalf before the deadline.
- The tribunal is unlikely to accept a vague explanation for delay – you need specific evidence of why you could not comply with the time limit.
- Amending a claim after the deadline does not fix the original timing issue if the amendment relates back to the same events.
This case shows how strict employment tribunal time limits are, even when a claimant has serious health problems. The deputy team manager had eight years' service with East London NHS Foundation Trust and resigned in January 2020, claiming constructive dismissal. She then suffered from severe illness, which she said prevented her from instructing her employment advisor in time.
However, the tribunal found that she had already contacted an advisor in August 2019 – months before resigning. The delay of just two weeks in presenting her claim on 9 August 2020 (the deadline was 26 July 2020) was not adequately explained. The tribunal noted that the claimant had not provided any evidence that her illness stopped her from giving instructions during that specific period.
The trust could have avoided this litigation by ensuring its internal processes were robust, but the case ultimately turned on the claimant's failure to meet the time limit. The tribunal also refused her applications to amend her claim, as they would not cure the fundamental jurisdictional problem.
For anyone considering a similar claim, the message is clear: act quickly. Time limits are measured in calendar days, not working days, and the tribunal has limited discretion to extend them. If you are unwell, make sure your representative has everything they need well before the deadline – and keep records of any communication delays.
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