Former employee's unfair dismissal claim thrown out after four-year delay
A former Avon and Somerset police employee's unfair dismissal claim was dismissed as out of time, over four years after his dismissal. A bid to blame prescription medication for the delay failed.
1 min read · Last updated 18 May 2026
Case details
- #out-of-time
- #reconsideration-refused
- #medical-evidence
- #prescription-medication
Key facts
- The claimant was dismissed on 9 August 2017.
- The claimant presented an unfair dismissal claim on 13 April 2022.
- The claim was presented over four years after the dismissal.
- The tribunal found the claim was presented outside the applicable time limit.
- The claimant's application for reconsideration was refused.
Timeline
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Dismissal
The claimant was dismissed by the respondent.
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Claim presented
The claimant issued a claim of unfair dismissal.
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Preliminary hearing
A hearing was held to consider whether the claim was brought in time. The tribunal dismissed the claim as out of time.
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Judgment sent to parties
The written judgment was sent to the parties.
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Reconsideration application
The claimant applied for reconsideration, arguing the tribunal did not sufficiently consider the effect of his prescription medication.
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Reconsideration refused
Employment Judge Leith refused the reconsideration application.
The legal issue
The tribunal had to decide whether the unfair dismissal claim was presented within the three-month time limit (with a possible extension if not reasonably practicable), and if not, whether it could still consider the claim.
The outcome
- The tribunal dismissed the unfair dismissal claim because it was presented far outside the time limit.
- The claimant was dismissed on 9 August 2017 but did not bring his claim until 13 April 2022 – over four years later.
- The tribunal rejected his argument that prescription medication prevented him from claiming earlier, noting the evidence was available at the hearing and would not have changed the decision.
- No compensation was awarded as the claim was struck out.
Lessons & takeaways
- Employment tribunal claims for unfair dismissal must be brought within three months of the dismissal date – delays of years are almost always fatal.
- If you have a medical condition that affects your ability to claim, you need to present clear evidence of how it prevented you from acting in time.
- A reconsideration application is not a second chance to present evidence you could have brought at the original hearing.
- The tribunal will not extend time limits simply because you were on medication – you must show it was not reasonably practicable to claim in time.
A claim that was years too late
This case shows the strict approach tribunals take to time limits. The former employee was dismissed in August 2017 but did not issue his unfair dismissal claim until April 2022 – a delay of over four and a half years. The standard time limit for unfair dismissal is three months from the date of dismissal, with a possible extension of up to a further three months if it was not reasonably practicable to claim in time.
At a preliminary hearing, the tribunal found the claim was well outside any allowable period. The employee argued that his prescription medication throughout the relevant period had affected his ability to bring the claim, but the judge noted that the medical evidence had been considered and that additional records about his 2019 medication would not have changed the outcome.
What the losing side could have done differently
The employee could have sought advice immediately after dismissal and presented his claim within the three-month window. If medication genuinely prevented him from doing so, he would have needed to provide compelling medical evidence showing why it was not reasonably practicable to claim – and to act promptly once the impediment was removed. Waiting years and then blaming medication was not enough.
Why this matters for similar claims
This case is a reminder that time limits in employment tribunals are strictly enforced. Even if you have a health condition, you must act as soon as you are able. If you miss the deadline, you will need to show that it was not reasonably practicable to claim in time and that you did so as soon as reasonably practicable. A delay of years, without a very strong justification, will almost certainly result in your claim being struck out.
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