Former police employee's constructive dismissal claim dismissed as out of time
A former police employee's claims of constructive unfair dismissal, whistleblowing detriment and indirect sex discrimination were dismissed after the tribunal found they were presented too late. She was also ordered to pay £3,672 in costs for causing two abortive hearings.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant's ET1 was received by post on 29 March 2021, after the limitation period ended on 18 February 2021.
- The claimant failed to comply with tribunal directions, causing two adjournments.
- The tribunal found it was reasonably practicable for the claimant to have presented her claims in time.
- The claimant was ordered to pay the respondent's costs of £3,672 for the abortive hearings.
- The claimant's mental health issues did not functionally prevent her from complying with orders.
Timeline
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Claimant emailed ET1 to tribunal
The claimant submitted her ET1 by email, which was not an accepted method of service.
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Limitation period ended
The last date for presenting claims, as extended by Early Conciliation, was 18 February 2021.
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ET1 received by post
The claimant's postal ET1 was received by the tribunal, but it was out of time.
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First preliminary hearing
Employment Judge Ryan set directions for a substantive preliminary hearing on time limits.
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Adjourned preliminary hearing
The hearing was postponed due to the claimant's failure to comply with directions.
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Adjourned preliminary hearing
The hearing was adjourned after the claimant said she was too distressed to continue.
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Substantive hearing
The tribunal heard the jurisdictional issues and the costs application.
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Judgment sent to parties
The tribunal dismissed all claims as out of time and ordered costs of £3,672.
The legal issue
The tribunal had to decide whether the claimant's claims were presented within the legal time limit, and if not, whether time should be extended. It also considered whether the claimant should pay costs for unreasonable conduct in causing two hearings to be adjourned.
The outcome
The tribunal dismissed all claims as out of time. The claimant's ET1 was emailed on 2 February 2021 (not an accepted method) and posted on 29 March 2021, after the limitation period ended on 18 February 2021. The tribunal found it was reasonably practicable for the claimant to have presented her claims in time, and it was not just and equitable to extend time for the discrimination claim.
Compensation: None awarded. The claimant was ordered to pay the respondent's costs of £3,672 for the two abortive hearings caused by her failure to comply with directions.
Lessons & takeaways
- Always check the correct method of filing a claim with the tribunal – email may not be accepted.
- Keep track of limitation periods, including any extension from Early Conciliation.
- Comply with tribunal directions and provide witness statements on time to avoid adjournments and potential cost orders.
- If you have health issues, obtain medical evidence to support any request for extra time or adjournment.
This case shows the importance of getting the basics right when bringing an employment tribunal claim. The former police employee emailed her ET1 to the tribunal on 2 February 2021, but email was not an accepted method of service. She then posted it, but it arrived on 29 March 2021 – after the limitation period had ended on 18 February 2021. The tribunal found that it was reasonably practicable for her to have presented her claims in time, so all claims were dismissed.
The cost of non-compliance
The claimant also failed to comply with tribunal directions, leading to two adjourned hearings. She did not provide a witness statement or disclose relevant documents on time, and on the second occasion she said she was too distressed to continue but provided no medical evidence. The tribunal ordered her to pay £3,672 in costs for the respondent's wasted preparation for those hearings.
What this means for similar claims
This case is a reminder that tribunals take time limits seriously. Even if you have a strong case on the merits, it will not be heard if you miss the deadline. It also shows that failing to follow directions can lead to cost orders, even against claimants. If you are struggling with health issues, it is essential to get medical evidence to support any request for extra time or an adjournment.
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