Dismissed cleaner wins unfair dismissal claim despite filing late due to depression
A former cleaner was unfairly dismissed by Tame Cleaning & Maintenance Ltd. The tribunal allowed her late claims because severe depression made it not reasonably practicable to file on time.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was dismissed on 16 November 2020.
- The claimant suffered from severe depression following her dismissal, which prevented her from bringing claims in time.
- The claimant commenced early conciliation on 23 March 2021 and lodged her claim on 5 April 2021.
- The tribunal found that it was not reasonably practicable for the unfair dismissal claim to be brought in time and that it was brought within a reasonable period.
- The tribunal extended time for the race discrimination claim on just and equitable grounds.
- The claimant's unfair dismissal claim succeeded, but her race discrimination claims were dismissed.
Timeline
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Effective date of termination
The claimant was dismissed by the respondent.
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Appeal decision
The respondent communicated the decision not to uphold the claimant's appeal.
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Claimant received appeal letter
The claimant received the letter not upholding her appeal.
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Early conciliation initiated
The claimant started the early conciliation process with ACAS.
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Early conciliation completed
Early conciliation certificate was issued.
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Claim presented to tribunal
The claimant lodged her ET1 claim form.
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Preliminary hearing on time limits
Employment Judge Meichen heard the preliminary issue on time limits and decided the tribunal had jurisdiction.
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Full merits hearing (day 1)
The tribunal heard evidence on the substantive claims.
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Full merits hearing (day 4)
The tribunal concluded the hearing.
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Judgment issued
The tribunal issued its judgment on the merits.
The legal issue
The tribunal had to decide whether the claimant's unfair dismissal and race discrimination claims were filed within the legal time limits, and if not, whether time should be extended due to her severe depression. It also had to determine whether the dismissal was unfair and whether race discrimination occurred.
The outcome
The tribunal upheld the claimant's unfair dismissal claim but dismissed her race discrimination claims.
- The claimant was dismissed on 16 November 2020. She suffered severe depression after her dismissal, which prevented her from bringing claims within the usual three-month time limit. The tribunal extended time for both claims.
- On the merits, the tribunal found that the employer did not follow a fair procedure before dismissing her, making the dismissal unfair.
- However, the tribunal applied a 30% Polkey reduction, finding there was a chance she would have been dismissed even with a fair process.
- Compensation:
- Basic award: £788.40
- Compensatory award: £12,399.38
- Polkey reduction: 30%
- Total award: £7,621.20
Lessons & takeaways
- If you suffer from a serious mental health condition after dismissal, the tribunal may extend the time limit for bringing a claim if it was not reasonably practicable to file on time.
- Employers must follow a fair procedure before dismissing an employee for conduct, even if they believe the employee is at fault.
- Even if a dismissal is unfair, compensation can be reduced if the tribunal thinks the employee would have been dismissed anyway with a fair process (Polkey reduction).
- Race discrimination claims require evidence of less favourable treatment because of race; a feeling of unfairness is not enough.
Depression and delayed claims
This case shows how tribunals can be flexible with time limits when a claimant's mental health prevents them from acting promptly. The former cleaner was dismissed in November 2020 and fell into severe depression. She did not start early conciliation until March 2021, well past the usual three-month deadline. The tribunal accepted that it was not reasonably practicable for her to bring the unfair dismissal claim in time, and that it was just and equitable to extend time for the discrimination claim.
What went wrong for the employer
Tame Cleaning & Maintenance Ltd dismissed the claimant for conduct but failed to follow a fair process. The tribunal did not go into the specific procedural failings in the public judgment, but the outcome indicates the employer did not meet the standards expected of a reasonable employer. The employer could have avoided the claim by conducting a proper investigation, giving the employee a chance to respond, and considering alternatives to dismissal.
Why the result matters
The case is a reminder that time limits are not absolute when a claimant has a genuine mental health condition. However, the 30% Polkey reduction shows that even successful claimants may not get full compensation if the tribunal thinks dismissal was likely anyway. The dismissal of the race discrimination claims also highlights that a claimant must prove that race was a factor in the treatment, not just that the treatment was unfair.
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