Former employee's claims dismissed as out of time despite early conciliation
A former employee's unfair dismissal and discrimination claims were struck out after the tribunal found they were presented too late, even though she had started early conciliation.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was dismissed without notice on 31 March 2020.
- She started Early Conciliation on 17 April 2020 and received the certificate on 2 May 2020.
- She presented her claim form on 16 July 2020.
- The claim form included complaints of unfair dismissal, race discrimination, and unlawful deduction of wages, but not disability discrimination.
- The respondent applied to strike out the claims as out of time.
- The tribunal found all claims were presented late and refused to extend time.
Timeline
-
Employment started
Claimant began working for Portobello House Ltd.
-
Dismissal
Claimant was dismissed without notice.
-
Early Conciliation started
Claimant contacted ACAS to begin Early Conciliation.
-
EC certificate issued
Early Conciliation certificate was granted.
-
Claim form presented
Claimant presented her claim to the tribunal.
-
Preliminary hearing
A preliminary hearing was held; the record erroneously included disability discrimination claims.
-
Full merits hearing
The tribunal heard evidence and arguments on jurisdiction and time limits.
-
Judgment on costs
Employment Judge Spencer refused the respondent's application for costs.
The legal issue
The tribunal had to decide whether it could hear complaints of unfair dismissal, race discrimination, and disability discrimination that were presented after the statutory time limits, and if time should be extended.
The outcome
The tribunal dismissed all claims as out of time.
- The unfair dismissal claim was presented one day late; the tribunal refused to extend time as there was no good reason for the delay.
- The race discrimination claim was presented over three months late; the tribunal found it would not be just and equitable to extend time.
- The disability discrimination claim was not included in the original claim form and was added later; the tribunal held it was also out of time and refused to allow the amendment.
No compensation was awarded as the claims were dismissed.
Lessons & takeaways
- Time limits for employment claims are strict – unfair dismissal claims must be presented within three months minus one day of the dismissal date, and discrimination claims within three months of the act complained of.
- Starting early conciliation pauses the clock, but the claim must still be presented within the extended period – check the exact deadline after the ACAS certificate is issued.
- If you want to add a new type of claim (like disability discrimination) after the deadline, you need the tribunal's permission and a strong reason for the delay.
- Seek legal advice early – missing a deadline by even one day can result in your entire claim being dismissed.
A costly delay
This case shows how unforgiving employment tribunal time limits can be. The former employee was dismissed on 31 March 2020. She contacted ACAS for early conciliation on 17 April, which paused the clock. The certificate was issued on 2 May, giving her until 2 August to present her claim. She filed on 16 July – well within that window for most claims. However, the tribunal calculated that the unfair dismissal claim was actually due by 30 June (three months minus one day from dismissal), making it one day late. The discrimination claims, which have a three-month limit from the act complained of, were also late.
What went wrong
The claimant's main error was not understanding the different time limits for different types of claim. Unfair dismissal has a shorter primary limitation period than discrimination, and early conciliation extends both but in different ways. She also tried to add a disability discrimination claim after the original deadline, which the tribunal refused because it was not in the original claim form and there was no good reason for the delay.
Why this matters
This decision is a reminder that even a small mistake in timing can be fatal. The tribunal has discretion to extend time in discrimination cases if it is 'just and equitable', but here the delay was significant and the claimant had access to advice from Citizens Advice and ACAS. The message is clear: act quickly, check the exact deadlines, and include all potential claims in your initial application.
Similar cases
Line Driver's discrimination claims dismissed as out of time after redundancy
An employment tribunal dismissed all discrimination claims brought by a part-time Line Driver with 4 years' service against Manheim Limited, finding they were brought too late and lacked merit. The unfair dismissal claim was withdrawn.
Lorry driver with 18 days' service: unfair dismissal struck out but discrimination claims survive
A lorry driver who resigned after 18 days and later worked as an agency driver was unable to claim unfair dismissal due to short service, but his disability and race discrimination claims will proceed to a final hearing.
Former employee unfairly dismissed but gets only basic award after 70% contributory conduct deduction
A Watford tribunal found Mitie Ltd unfairly dismissed a former employee but reduced his basic award by 70% for his own conduct and made no compensatory award due to a 100% Polkey reduction. He received £1,298.10.
Dismissed after absence management meetings: tribunal rejects disability discrimination claims
An employee with a mental health disability lost all claims of unfair dismissal and discrimination after the tribunal found the health board's absence management process was reasonable.