Depression prevented employee from bringing claim in time: tribunal extends deadline
A grounds maintenance employee with 12 years' service was dismissed on capability grounds due to long-term ill health. The tribunal extended the time limits for his unfair dismissal and disability discrimination claims because his depression made it not reasonably practicable to present them on time.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was dismissed on grounds of capability due to long-term ill health including spinal arthritis, back pain, and depression.
- The claimant's effective date of termination was 28 April 2021, not 21 July 2021 as initially thought.
- The claimant presented his claim on 9 December 2021, which was out of time for both unfair dismissal and disability discrimination claims.
- The tribunal found it was not reasonably practicable for the claimant to present his unfair dismissal claim in time due to his depression.
- The tribunal found it just and equitable to extend time for the disability discrimination claim.
- The respondent's application for reconsideration was refused and the original decision to extend time was confirmed.
Timeline
-
Dismissal
The claimant's employment was terminated on grounds of capability due to ill health.
-
Primary limitation period expiry
The three-month time limit for presenting unfair dismissal and discrimination claims expired.
-
ACAS early conciliation started
The claimant commenced ACAS early conciliation.
-
ACAS certificate issued
The ACAS early conciliation certificate was issued.
-
Claim presented to tribunal
The claimant presented his ET1 claim form to the employment tribunal.
-
Preliminary hearing
A preliminary hearing was held to determine whether time should be extended for the claims.
-
Written reasons issued
Employment Judge Ord issued written reasons for the oral judgment given on 11 July 2022.
-
Respondent's reconsideration application
The respondent applied for reconsideration of the decision to extend time.
-
Reconsideration judgment
Employment Judge Ord confirmed the original decision to extend time after reconsideration.
The legal issue
The tribunal had to decide whether to extend the time limits for unfair dismissal and disability discrimination claims that were presented late. For unfair dismissal, the test is whether it was 'not reasonably practicable' to present the claim in time; for discrimination, the test is whether it is 'just and equitable' to extend time.
The outcome
The tribunal refused the employer's application to strike out the claims and confirmed that it has jurisdiction to hear both the unfair dismissal and disability discrimination complaints. The key reason was that the employee's depression, a recognised disability, significantly impaired his ability to pursue his claim within the three-month time limit. The tribunal also noted that the employer did not suffer any particular prejudice from the delay. No compensation has been awarded yet as the case will proceed to a full hearing.
Lessons & takeaways
- If you have a mental health condition that makes it difficult to meet tribunal deadlines, you may be able to argue that it was 'not reasonably practicable' to file on time.
- Keep medical records that show how your condition affected your ability to take action – they are crucial evidence for a time extension application.
- Even if your claim is late, the tribunal can still hear it if it is 'just and equitable' to do so – this is a broad discretion, especially in discrimination cases.
- Employers should not assume that a late claim will be automatically struck out; the tribunal will consider the employee's personal circumstances.
What this case shows in practice
A long-serving grounds maintenance employee was dismissed by Liverpool Football Club on capability grounds after years of ill health, including spinal arthritis, back pain, and depression. He was dismissed on 28 April 2021 but did not present his claim to the tribunal until 9 December 2021 – well over the three-month time limit. The employer argued that the claim should be struck out as out of time.
The tribunal accepted that the employee's depression was the reason for the delay. He had been suffering from a depressive disorder that made it difficult for him to process what had happened, seek advice, and take the necessary steps to bring a claim. The tribunal found that it was not reasonably practicable for him to have presented the unfair dismissal claim in time, and that it was just and equitable to extend time for the disability discrimination claim.
What the employer could have done differently
Liverpool Football Club argued that the employee had been capable of engaging with his GP and the DWP, and that he had managed to start ACAS early conciliation. However, the tribunal noted that the employee's depression fluctuated and that he had periods of being unable to function. The employer's application for reconsideration was also refused, with the judge confirming that the original decision was correct.
Why this matters for similar claims
This case is a reminder that tribunal time limits are not absolute. If a claimant has a mental health condition that genuinely prevents them from bringing a claim on time, the tribunal has the power to extend the deadline. It also shows that the 'reasonably practicable' test for unfair dismissal is a relatively low threshold – it is not about whether the claimant could have done something, but whether it was reasonable to expect them to do so in their circumstances. For discrimination claims, the 'just and equitable' test gives the tribunal even wider discretion to do what is fair.
Similar cases
Out-of-time unfair dismissal claim struck out despite autism diagnosis
A quality assurance engineer with 12 years' service lost his unfair dismissal claim because he filed it one day late, and the tribunal refused to extend time despite his autism spectrum diagnosis.
Agency worker's multiple claims struck out: no jurisdiction and out of time
An agency worker who worked for less than two years had his unfair dismissal, unpaid wages, and breach of contract claims dismissed by the tribunal, along with human exploitation allegations which the tribunal had no power to hear.
Former child actor's claim against Disney struck out for being 10 months late
An 11-year-old's unfair dismissal claim against Disney was struck out because it was filed over 10 months after the deadline. The tribunal said it was not just and equitable to extend time.
Dismissed during long-term sick leave: a capability decision that went too fast
A warehouse operative with 6.5 years' service was dismissed for capability after a year of sick leave for depression. The tribunal upheld the dismissal, finding the employer acted reasonably despite not waiting the 4-5 weeks suggested by occupational health.