Former employee's unfair dismissal and disability claims dismissed as out of time
A former employee's unfair dismissal and disability discrimination claims have been dismissed by an employment tribunal because they were presented too late, with no medical evidence to justify the delay.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant's employment terminated on 17 November 2021.
- The claimant attended an appeal hearing on 21 December 2021 and an appeal outcome hearing on 1 February 2022.
- The claimant started ACAS early conciliation on 17 March 2022, after the deadline of 16 February 2022.
- The claim was initially submitted on 28 May 2022 but was rejected due to naming the wrong respondent; it was treated as received on 10 June 2022.
- The claimant had Crohn's disease and Bile Acid Malabsorption, but no medical evidence was provided to support the impact on her ability to file in time.
Timeline
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Employment terminated
The claimant's employment with P&O North Sea Ferries Limited ended.
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Claimant aware of dismissal
The claimant accepted she was definitively aware that her employment had been terminated.
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Appeal hearing
The claimant attended an appeal hearing lasting around 35 minutes.
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Appeal outcome hearing
The claimant attended the appeal outcome hearing lasting around 25 minutes; the appeal was refused.
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Time limit deadline
The deadline for presenting the claim or starting ACAS early conciliation to benefit from time extension.
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ACAS early conciliation started
The claimant initiated the ACAS early conciliation process, which was after the deadline.
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ACAS certificate issued
The ACAS early conciliation certificate was issued.
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Claimant received ACAS certificate
The claimant received the ACAS certificate.
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Claim initially submitted
The claimant submitted her claim but named the wrong respondent, leading to rejection.
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Claim treated as received
After correction, the claim was treated as received on this date.
The legal issue
The tribunal had to decide whether the claimant's unfair dismissal and disability discrimination claims were presented within the statutory time limits, and if not, whether to exercise discretion to allow them to proceed out of time.
The outcome
The tribunal dismissed both claims as out of time.
- The unfair dismissal claim was presented late, and it was reasonably practicable for the claimant to have presented it in time, so no extension was granted.
- The disability discrimination claim was also late, and it was not just and equitable to extend time, particularly as no medical evidence was provided to show how the claimant's conditions affected her ability to file on time.
- No compensation was awarded as the claims were dismissed.
Lessons & takeaways
- The time limit for bringing an unfair dismissal claim is three months minus one day from the effective date of termination, and for discrimination claims it is three months minus one day from the act complained of.
- Starting ACAS early conciliation does not extend the time limit if it is begun after the deadline has already passed.
- If you have a medical condition that affects your ability to file a claim on time, you must provide medical evidence to support an extension.
- Appeals against dismissal do not extend the time limit for bringing a tribunal claim – you must still file within the original deadline.
- Naming the wrong respondent on the claim form can cause delays and may not excuse a late filing.
This case is a stark reminder that employment tribunal claims have strict time limits, and missing them can be fatal to your case, even if you have a potentially strong claim.
The story
The former employee's employment ended on 17 November 2021. She attended an appeal hearing in December 2021 and an appeal outcome hearing on 1 February 2022, where her appeal was refused. However, she did not start ACAS early conciliation until 17 March 2022 – a month after the deadline of 16 February 2022. Her claim form was initially rejected because she named the wrong respondent, and it was not accepted until 10 June 2022, by which time she was well out of time.
The claimant argued that her Crohn's disease and Bile Acid Malabsorption made it difficult for her to file on time. However, she provided no medical evidence to support this, and the tribunal noted that she had been able to attend the appeal hearings and instruct counsel, suggesting she was capable of managing the process.
What the losing side could have done differently
The claimant could have started ACAS early conciliation before the deadline, even if her appeal was still ongoing. She could also have sought advice or support to ensure she named the correct respondent on the claim form. Most importantly, if she believed her medical conditions prevented her from filing on time, she should have obtained medical evidence to support that claim.
Why this matters
This case shows that tribunals will not automatically extend time limits just because a claimant has a disability or is going through an internal appeal process. The burden is on the claimant to act promptly and to provide evidence if they cannot. For anyone considering a tribunal claim, the key lesson is: start the process as soon as possible, and do not rely on internal appeals or medical conditions without proper documentation.
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