Constructive dismissal claim struck out as late, but sex discrimination claim allowed to proceed
A senior creative designer's constructive unfair dismissal claim was struck out as out of time, but her direct sex discrimination claim was allowed to proceed on just and equitable grounds.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #sex-discrimination
- #time-limit
- #grievance
- #subject-access-request
Key facts
- Claimant worked as Senior Creative Designer from 12 August 2019 to 25 April 2022.
- She resigned on 25 March 2022, giving one month's notice.
- She alleged her line manager treated female staff less favourably than male staff.
- She presented her claim on 16 August 2022, after the three-month time limit expired on 24 July 2022.
- The grievance outcome found unconscious bias but not deliberate sex discrimination.
- The unfair dismissal claim was struck out as not reasonably practicable to present in time.
- The direct sex discrimination claim was allowed to proceed on just and equitable grounds.
Timeline
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Employment started
Claimant began work as Senior Creative Designer.
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Resignation
Claimant tendered her resignation, giving one month's notice.
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Resignation accepted
HR Manager accepted resignation and confirmed leaving date.
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Informal meeting with HR
Claimant discussed concerns about line manager's behaviour; outcome unsatisfactory.
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HR advised formal grievance
HR Manager told claimant to put grievance in writing.
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Grievance email
Claimant sent grievance email alleging sexist behaviour and constructive unfair dismissal.
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Employment ended
Claimant left employment at end of notice period.
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Grievance interview
Claimant interviewed as part of grievance investigation.
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Subject Access Request
Claimant submitted SAR to gather evidence.
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ACAS early conciliation started
Claimant contacted ACAS.
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Grievance outcome and claim presented
Claimant received grievance outcome (unfavourable) and presented claim form.
The legal issue
Whether the claims of constructive unfair dismissal and direct sex discrimination were presented within the three-month time limit, and if not, whether the tribunal should extend time for the discrimination claim.
The outcome
The tribunal struck out the constructive unfair dismissal claim as it was presented out of time and it was reasonably practicable to present it earlier. The direct sex discrimination claim was allowed to proceed because it was just and equitable to extend time.
- Constructive unfair dismissal: struck out (no jurisdiction)
- Direct sex discrimination: allowed to proceed to final hearing
- No compensation awarded at this stage
Lessons & takeaways
- If you intend to bring a constructive dismissal claim, you must present it to the tribunal within three months of the effective date of termination – waiting for a grievance outcome does not extend this deadline.
- For discrimination claims, the tribunal has discretion to extend the time limit if it is just and equitable to do so, even if the claim is late.
- Keep a clear record of when you first considered legal action – advice from a partner to contact ACAS can be used to show you were aware of time limits.
- A subject access request can be a legitimate reason for delay in presenting a discrimination claim, but it may not excuse a delay for an unfair dismissal claim.
This case shows the importance of understanding the different time limits that apply to different types of employment claims. The claimant resigned in March 2022, alleging that her line manager treated female staff less favourably than male staff. She submitted a grievance and waited for the outcome before presenting her claim to the tribunal in August 2022 – by which time the deadline for her unfair dismissal claim had passed.
The time limit trap
The tribunal found that the claimant could have presented her unfair dismissal claim in time, even while waiting for the grievance outcome. She had already described her resignation as a constructive dismissal in her grievance email, and her partner had suggested contacting ACAS as early as April 2022. The tribunal concluded that it was reasonably practicable to have submitted the claim on time, so the unfair dismissal claim was struck out.
Discrimination claim allowed to proceed
However, the direct sex discrimination claim was allowed to continue. For discrimination claims, the tribunal has discretion to extend the three-month time limit if it is just and equitable to do so. The tribunal noted that the claimant had submitted a subject access request to gather evidence, and the grievance outcome – which found unconscious bias – was only received on the day she presented her claim. These factors made it just and equitable to allow the discrimination claim to proceed to a full hearing.
What this means for similar claims
The case highlights a common trap for employees who resign and allege constructive dismissal: waiting for a grievance outcome does not pause the time limit for presenting a claim. For unfair dismissal, the clock starts ticking from the effective date of termination. For discrimination claims, the tribunal has more flexibility, but it is still risky to delay. Anyone considering a claim should seek advice early and be aware of the strict deadlines that apply.
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