Firefighter's unfair dismissal and race claims struck out as too late
A firefighter who waited over a year to bring unfair dismissal and race discrimination claims after his misconduct dismissal had his case struck out by the tribunal as out of time.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a firefighter from May 2018 to 10 October 2021.
- He was dismissed for two allegations of misconduct; the appeal was upheld for one allegation on 16 May 2022.
- The claimant presented unfair dismissal and race discrimination claims on 11 January 2023.
- The claimant was advised by his trade union representative that the time limit was 3 or 3.5 months.
- The claimant delayed presenting his claim because he pursued an internal appeal and an ICO complaint.
- The tribunal found the claims were presented out of time and refused to extend time.
Timeline
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Employment started
Claimant began working as a firefighter for the London Fire Commissioner.
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Dismissal
Claimant was dismissed for two allegations of misconduct.
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Effective date of termination
The effective date of termination of employment.
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Appeal outcome
The internal appeal was upheld for the second allegation only; the first allegation was not overturned.
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ICO decision
The Information Commissioner's Office decided that the respondent had breached data protection regulations.
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Letter before action
Claimant wrote a letter before action to the respondent seeking compensation.
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ACAS Early Conciliation started
Claimant began ACAS Early Conciliation.
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Claim presented
Claimant presented his unfair dismissal and race discrimination claims to the tribunal.
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Hearing
Preliminary hearing to consider strike out and amendment application.
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Judgment
Tribunal struck out the claims as out of time and refused the amendment application.
The legal issue
Whether the claimant's unfair dismissal and race discrimination claims should be struck out because they were presented out of time, and whether he should be allowed to amend his race discrimination claim to add further allegations.
The outcome
The tribunal struck out both the unfair dismissal and race discrimination claims as out of time. The claimant was dismissed on 10 October 2021 but did not present his claim until 11 January 2023 – over a year later. The tribunal found he had no reasonable prospect of showing the claims were in time or that time should be extended.
- Unfair dismissal claim: struck out as out of time.
- Race discrimination claim: struck out as out of time.
- Application to amend the race discrimination claim: refused.
- No compensation awarded as the claims were struck out.
Lessons & takeaways
- Employment tribunal claims must be brought within three months of the dismissal or discriminatory act – missing this deadline is almost always fatal.
- Pursuing internal appeals or complaints to the ICO does not pause the tribunal time limit; you must still present your claim in time.
- If you are representing yourself, seek advice early about time limits – trade union advice may not always be accurate.
- Any new discrimination allegations added later will also be judged against the original time limit and are unlikely to be allowed if they are stale.
This case shows how strictly employment tribunals apply the time limits for bringing claims. The claimant, a firefighter with three years' service, was dismissed for misconduct in October 2021. He believed he had up to three and a half months to bring a claim, based on advice from his trade union representative. In fact, the limit for unfair dismissal is three months from the effective date of termination, and for discrimination claims it is three months from each act complained of.
He delayed because he was pursuing an internal appeal and a complaint to the Information Commissioner's Office about a data breach. The internal appeal partially upheld his case in May 2022, but that did not restart the clock. By the time he started ACAS Early Conciliation in January 2023, over a year had passed since his dismissal. The tribunal found that waiting for the ICO decision was not a good reason to delay bringing a claim.
What the losing side could have done differently
The claimant could have protected his position by presenting a claim to the tribunal within three months of his dismissal, even while pursuing other remedies. He could then have asked the tribunal to stay the proceedings pending the outcome of his appeal or ICO complaint. Instead, by waiting, he lost the right to have his case heard at all.
Why this matters
For anyone considering an employment tribunal claim, this case is a stark reminder that time limits are rigid. Even if you have a strong case on the merits, missing the deadline means your claim will be struck out. The tribunal has discretion to extend time only in exceptional circumstances, and 'waiting for another process to finish' is not enough.
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