Cancer diagnosis and ill-health retirement: claim dismissed as too late
A driver specialist with 12 years' service had his unfair dismissal and disability discrimination claims thrown out after submitting his claim form four months late, despite having been warned of the time limit.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed from July 2008 to 28 April 2021 as a driver specialist.
- The claimant was diagnosed with breast cancer in December 2019 and had other health conditions.
- The claimant applied for ill health retirement and his employment ended on 28 April 2021.
- The claimant submitted a claim form on 18 January 2022, but the tribunal found it was not presented within the statutory time limits.
- The claimant had received legal advice in March 2021 about the three-month time limit.
- The tribunal did not accept the claimant's explanation that he mistakenly believed he had submitted the claim form in August 2021.
Timeline
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Employment started
The claimant began working for the respondent as a driver specialist.
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Diagnosed with breast cancer
The claimant was diagnosed with breast cancer and was absent from work due to ill health and COVID shielding.
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Discussed ill health retirement
The respondent discussed the possibility of ill health retirement with the claimant, who later applied.
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Ill health retirement approved
The respondent wrote to the claimant approving his ill health retirement, with employment ending on 23 April 2021 (later revised to 28 April 2021).
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Sought legal advice
The claimant contacted a barrister who advised him of the three-month time limit for bringing claims.
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ACAS early conciliation started
The claimant's ACAS early conciliation notification was received.
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ACAS certificate issued
The ACAS early conciliation certificate was issued, extending the time limit to 3 September 2021.
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Claim form created but not submitted
The claimant created a claim form but did not submit it; he later claimed a mistaken belief that he had submitted it online.
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Claim form submitted
The claimant submitted his claim form to the tribunal after contacting the Bristol office.
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Preliminary hearing
The tribunal held a remote hearing to determine whether the claims were within the time limits.
The legal issue
The tribunal had to decide whether the claimant's complaints of unfair dismissal, breach of contract, and disability discrimination were filed within the legal time limits, and if not, whether it would be just and equitable to extend time.
The outcome
The tribunal dismissed all claims as out of time.
- The effective date of termination was 28 April 2021, giving a primary time limit of 27 July 2021 for unfair dismissal and breach of contract, extended to 3 September 2021 by ACAS early conciliation.
- The claimant did not submit his claim until 18 January 2022, over four months late.
- He argued he had created a claim form on 10 August 2021 and mistakenly believed he had submitted it, but the tribunal did not accept this explanation given his earlier legal advice about the time limit.
- For the disability discrimination claim, the tribunal considered whether it was 'just and equitable' to extend time but concluded it was not, given the length of delay and lack of good reason.
Lessons & takeaways
- Keep a clear record of when you actually submit a claim form to the tribunal — a draft saved online is not the same as filing it.
- If you receive legal advice about a time limit, follow it promptly; delay will be hard to explain later.
- For discrimination claims, the tribunal has discretion to extend time, but a delay of several months without a strong reason is unlikely to succeed.
- If you are unwell, seek support from friends, family, or an advice agency to help you meet deadlines — tribunals rarely accept illness alone as a reason for a long delay.
A case about timing, not the merits
This case shows how strict employment tribunal time limits can be, even when the underlying facts — a cancer diagnosis and ill-health retirement after 12 years of service — might otherwise have supported a claim. The tribunal never considered whether the dismissal was unfair or whether there was disability discrimination. The only question was whether the claim form had been filed on time.
The claimant argued that he had created a claim form online in August 2021 and believed he had submitted it. But the tribunal noted that he had spoken to a barrister in March 2021 who specifically warned him about the three-month time limit. Despite that, he did not check whether his claim had been received until January 2022, when he contacted the tribunal office. By then, the deadline had passed by over four months.
What the tribunal considered
For unfair dismissal and breach of contract, the law requires the claim to be presented within three months of the dismissal (extended by ACAS conciliation). The tribunal must decide whether it was 'reasonably practicable' to have filed on time. Here, the claimant's mistake — however genuine — was not enough to extend time, especially given the earlier legal advice.
For the disability discrimination claim, the test is different: the tribunal can extend time if it is 'just and equitable' to do so. But the tribunal weighed the prejudice to both sides and found no good reason for the delay. The claimant's health problems, while serious, did not prevent him from seeking help or contacting the tribunal earlier.
What this means for others
This case is a reminder that employment tribunal claims have short, strict deadlines. If you think you might have a claim, act quickly. Keep proof of submission — a screenshot or email confirmation — and if you are unsure whether your claim has been received, check with the tribunal as soon as possible. Delays caused by illness or stress can sometimes be explained, but the longer you wait, the harder it becomes to persuade a tribunal to hear your case.
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