Discrimination claims dismissed as too late: the importance of acting quickly
A tribunal dismissed a former sales consultant's race and religion discrimination claims because they were presented more than six months after her dismissal, and it was not just and equitable to extend time.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a Senior Sales Consultant from 3 August 2020 to 20 June 2022.
- The claimant alleged two incidents of harassment: a remark about the office being like a mosque in late 2021, and a colleague using a racial slur on 10 May 2022.
- The claimant was dismissed on 20 June 2022, with pay in lieu of notice, for alleged financial reasons.
- The claimant presented her claim on 6 January 2023, after the primary time limits had expired.
- The tribunal refused the claimant's application to amend her claim to include disability discrimination.
- The tribunal dismissed all claims as out of time, finding it not just and equitable to extend time.
Timeline
-
Employment started
Claimant began employment as a Senior Sales Consultant.
-
GP consultation for stress
Claimant consulted GP regarding stress.
-
GP consultation for anxiety and insomnia
Claimant consulted GP regarding anxiety and insomnia.
-
GP consultation for hair loss
Claimant consulted GP for hair loss and other symptoms.
-
Alleged 'mosque' remark
Claimant alleges Facilities Manager described office as 'a mosque' (date approximate).
-
Self-harm incident
Claimant harmed herself in March 2022.
-
Knee surgery
Claimant had knee surgery and was absent from work.
-
Alleged racial slur
Claimant alleges Boutique Manager used racial slur in her presence.
-
Dismissal
Claimant was dismissed with pay in lieu of notice.
-
Panic attack
Claimant had a panic attack and opened door of moving car.
-
LinkedIn post seen
Claimant saw LinkedIn post that triggered her claim.
-
Early conciliation started
Early conciliation commenced.
-
Early conciliation ended
Early conciliation ended.
-
Claim presented
Claimant presented her claim to the tribunal.
-
Case management hearing
Case management hearing before EJ Burns.
-
Application to amend
Claimant applied to amend claim to include disability discrimination.
-
Preliminary hearing
Preliminary hearing to determine time limits and amendment application.
-
Judgment issued
Reserved judgment dismissing claims and refusing amendment.
The legal issue
The tribunal had to decide whether the claimant's discrimination and harassment claims were brought within the statutory time limits (three months from the act complained of), and if not, whether it would be just and equitable to extend time. It also considered whether to allow an amendment to add a disability discrimination claim.
The outcome
The tribunal dismissed all claims as out of time. The key reasons were:
- The alleged harassment incidents occurred in late 2021 and May 2022, and the dismissal was on 20 June 2022, but the claim was not presented until 6 January 2023.
- The tribunal found that the claimant had not provided a sufficient explanation for the delay, and her health issues did not prevent her from bringing the claim earlier.
- The application to amend to add disability discrimination was refused because it had no reasonable prospects of success and was also out of time.
No compensation was awarded as the claims were dismissed.
Lessons & takeaways
- Employment tribunal claims for discrimination must be brought within three months of the act you are complaining about – do not delay.
- If you have health issues, seek legal advice early and consider asking the tribunal to extend time, but you must show you could not have brought the claim sooner.
- Make a note of key dates: the time limit runs from the date of the discriminatory act or the last in a series of acts, not from when you leave your job.
- If you want to add a new claim later, you need the tribunal's permission and it must be linked to the existing claim and not cause unfairness to the other side.
A claim that arrived too late
This case shows how strict the time limits are for bringing discrimination claims in the employment tribunal. The claimant, a Senior Sales Consultant, alleged that she was subjected to harassment related to her race and religion, including a remark about the office being like a mosque and a colleague using a racial slur. She was dismissed in June 2022, but did not present her claim until January 2023 – more than six months later.
The tribunal found that the primary time limit of three months had long passed for each alleged incident. The claimant argued that her mental health difficulties, including anxiety and a panic attack, meant it was not reasonably practicable to bring the claim in time. However, the tribunal noted that she had been able to engage with her GP and other activities during that period, and that the delay was not adequately explained.
What the respondent did right
Ninety Watches and Jewellery Limited challenged the claim on time grounds at the earliest opportunity. By doing so, they avoided having to defend the allegations on their merits. The tribunal also refused the claimant's late application to add a disability discrimination claim, finding it had no reasonable prospects of success.
What this means for you
If you believe you have been discriminated against at work, you must act quickly. The time limit is three months from the date of the discriminatory act – not from the end of your employment. Even if you are unwell, the tribunal will expect you to show that you could not reasonably have brought the claim sooner. Keeping a diary of events and seeking legal advice promptly can make all the difference.
Similar cases
Race and sex discrimination claims dismissed as out of time: what constitutes a continuing act
A tribunal dismissed a manager's race and sex discrimination claims because they were presented too late, finding that separate promotion decisions were not part of a continuing act and that it was not just and equitable to extend time.
Electrician's mate with four days' service withdraws discrimination claims
A tribunal dismissed claims of race and disability discrimination brought by an electrician's mate who worked for only four days, after the claimant withdrew most allegations.
Former employee's unfair dismissal claim struck out for lack of two years' service
A former employee's unfair dismissal claim against Kings College London was struck out because they did not have the required two years' service. Their discrimination claims were dismissed after a hearing.
Bus driver dismissed for refusing alcohol test after collision: dismissal fair
A bus driver with 6 years' service was fairly dismissed for gross misconduct after refusing a breath alcohol test following an at-fault collision. The tribunal also dismissed his discrimination and victimisation claims.