33-year consultant haematologist's unfair dismissal claim struck out as out of time

A costly delay

A consultant haematologist who had worked for Shrewsbury and Telford Hospital NHS Trust for 33 years was dismissed for gross misconduct in April 2022. He pursued an internal appeal, which was heard in September and rejected. But by the time he lodged his unfair dismissal claim with the employment tribunal in November 2022, the three-month time limit had already expired by 89 days.

The tribunal had to decide whether it was reasonably practicable for him to have filed on time. The claimant argued that he was waiting for the outcome of his internal appeal and had also contacted the Care Quality Commission before starting ACAS Early Conciliation. However, the judge noted that the claimant was a highly intelligent consultant with access to the internet and legal advice — he had even instructed a barrister for his appeal. The tribunal concluded that he could have presented his claim within the original time limit, and therefore had no jurisdiction to hear it.

What could have been done differently?

The key lesson is that the three-month time limit for unfair dismissal runs from the effective date of termination, not from the end of any internal appeal. Even if an appeal is pending, employees should present their claim to the tribunal within the deadline to protect their position. The tribunal can stay proceedings while the appeal is ongoing, but missing the deadline can be fatal.

Why this matters

This case is a stark reminder that even the most experienced and well-advised employees can lose their right to claim unfair dismissal if they delay. The tribunal will not extend the time limit simply because the employee was waiting for an internal process to conclude. Anyone considering an unfair dismissal claim should seek legal advice immediately and, if in doubt, present their claim as soon as possible to avoid being struck out.