Unfair dismissal claim struck out: the importance of time limits after resignation
A hairdresser's unfair dismissal claim was struck out because she presented it too late, despite her premature baby and autism. The tribunal found no reasonable prospects of showing it was not reasonably practicable to claim earlier.
1 min read · Last updated 19 May 2026
Case details
- #unfair-dismissal
- #time-limits
- #reasonably-practicable
- #pregnancy
- #autism
- #chair-rental
- #status
Key facts
- The claimant was a hairdresser who resigned on 20 September 2022 while pregnant.
- Her baby was born prematurely on 20 November 2022.
- She presented her unfair dismissal claim on 14 April 2023, but it was not validly presented until 3 May 2023.
- The respondent conceded it was not reasonably practicable to present a claim until mid-December 2022.
- The tribunal found no reasonable prospects that it was not reasonably practicable to present the claim after 30 January 2023.
Timeline
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Alleged comment about pregnancy
The claimant alleges she was urged 'not to get pregnant this year'.
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Employment as salon manager
The claimant accepted employment as salon manager with a salary of £28,000.
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Announced pregnancy
The claimant told Mr Brading she was pregnant.
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Became self-employed
The claimant began working under a chair rental agreement, considered self-employed.
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Resigned
The claimant resigned from the salon.
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ACAS conciliation started
Day A of ACAS conciliation.
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ACAS conciliation ended
Day B of ACAS conciliation.
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Baby born prematurely
The claimant gave birth prematurely.
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Baby came home
The claimant brought her baby home from hospital.
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Claim form submitted
The claimant submitted her ET1 claim form, but it was later rejected due to incorrect respondent name.
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Claim validly presented
The claim was accepted as validly presented after amendment.
The legal issue
The tribunal had to decide whether the claimant's unfair dismissal complaint should be struck out because it was presented out of time, and whether she had any reasonable prospect of showing it was not reasonably practicable to present it earlier.
The outcome
The tribunal struck out the unfair dismissal claim as it was presented well outside the three-month time limit. The claimant resigned on 20 September 2022 and her claim was not validly presented until 3 May 2023. The respondent conceded it was not reasonably practicable to claim until mid-December 2022 due to the premature birth, but the tribunal found that from 30 January 2023 onwards there was no such impediment. The claimant's autism was considered but did not justify the delay. No compensation was awarded as the claim was struck out.
Lessons & takeaways
- Unfair dismissal claims must be presented to the tribunal within three months of the effective date of termination, minus early conciliation time.
- If you have a disability or other serious circumstances, you must still act as soon as reasonably practicable once the immediate obstacle is removed.
- Keep records of all communications and medical evidence to support any argument that it was not reasonably practicable to claim in time.
- Presenting the claim online does not guarantee it is validly presented — check the tribunal's acceptance confirmation.
- If you miss the deadline, the tribunal will consider whether it is just and equitable to extend time, but the test is strict.
A claim that ran out of time
This case shows how strictly employment tribunals apply the time limits for unfair dismissal claims. The claimant, a hairdresser with nine years' service, resigned while pregnant and gave birth prematurely. She later tried to bring an unfair dismissal claim but was well outside the three-month window. The tribunal struck out her claim, finding no reasonable prospect that she could show it was not reasonably practicable to present it earlier.
What went wrong
The claimant's baby was born on 20 November 2022 and came home on 6 December 2022. The respondent accepted that it was not reasonably practicable to claim until mid-December. However, from 30 January 2023 — over two months before the claim was eventually submitted — the tribunal found she could have acted. The claimant's autism was taken into account, but the tribunal concluded that she had the capacity to seek advice and present a claim after that date. The claim was not validly presented until 3 May 2023, partly due to an error in the respondent's name on the form.
What this means for others
Time limits in employment tribunals are unforgiving. Even with serious personal circumstances like a premature baby and a disability, claimants must act as soon as the immediate crisis passes. The tribunal will look at the entire period from the date of dismissal to the date of presentation. If there is a window where you could reasonably have acted, you must use it. This case also highlights the importance of getting the claim form right first time — an administrative error can add to delays and weaken your position.
The claimant's discrimination claims under the Equality Act were allowed to proceed, as different time limit rules apply. But for unfair dismissal, the clock starts ticking from the day you leave your job, and missing the deadline usually means losing the right to claim.
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