Former governor's claims dismissed as out of time despite threats to children

A long-serving governor caught out by the clock

This case shows how even sympathetic facts — a 14-year governor dismissed after raising concerns, followed by a threat to expel his children — cannot save a claim if the claimant waits too long to bring it. The tribunal accepted that the threat to expel his children made it genuinely impossible for the claimant to issue proceedings while his children were still at the school. But once they left in July 2020, that obstacle disappeared.

The claimant then spent over a year complaining to the police, the council, and the schools inspectorate before finally starting ACAS early conciliation in November 2021. The tribunal ruled that a reasonable person in his position would have acted sooner — perhaps within a few months — and that the delay was too long.

What the respondent did right

The school and its LLP did not contest that the threat had made it not reasonably practicable to bring claims earlier. But they successfully argued that the claimant had not acted within a reasonable period after the threat ended. The tribunal agreed, noting that the claimant had received legal advice in September 2021 that time limits could be extended, yet still waited another two months to start early conciliation.

Why this matters for similar claims

Employment tribunal time limits are unforgiving. Even where there is a good reason for an initial delay, claimants must move quickly once the reason disappears. This case is a reminder that complaining to other bodies — police, regulators, councils — does not pause the tribunal clock. If you intend to bring a claim, you should start ACAS early conciliation as soon as you are able, and certainly within a few months of the obstacle being removed.