Claim dismissed as out of time: IT error and mental health not exceptional
A former employee's unfair dismissal claim was rejected after she presented it 19 days late, citing an IT mistake and mental health issues. The tribunal found no exceptional circumstances to extend the time limit.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was dismissed in 2021.
- The claimant presented her claim 19 days after the time limit expired.
- The claimant was aware of the time limit but made an IT error by not pressing the submit button.
- The claimant had mental health issues but no medical evidence covering the relevant period.
- The tribunal found no exceptional circumstances to extend the time limit.
Timeline
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Claimant unfit for work
GP statement of fitness for work dated 15/11/2021 indicates claimant unfit from 12/11/2021 to 3/12/2021 due to depression.
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Early conciliation
Claimant engaged in early conciliation, exact dates not specified.
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Time limit expired
The primary three-month time limit from termination ended around this time, exact date not given.
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Claim presented late
Claimant presented the claim form 19 days after the time limit expired.
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GP letter
GP letter dated 22/9/2022 references anti-depressants issued on 14/7/2022.
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Hearing and judgment
Employment Judge Wright heard the case and dismissed the claim as out of time.
The legal issue
Whether the claimant's unfair dismissal claim was presented within the three-month time limit, and if not, whether it was reasonably practicable to present it in time and whether the time limit should be extended due to an IT error and mental health difficulties.
The outcome
The tribunal dismissed the claim as out of time. The claimant was aware of the three-month deadline but made an IT error by failing to press the submit button on the online claim form. She also relied on mental health issues, but there was no medical evidence covering the period when the claim was due. The tribunal held that neither the IT mistake nor the mental health problems amounted to exceptional circumstances, and the claim was rejected.
No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- The employment tribunal time limit is strict — claims must be presented within three months of dismissal, and even a short delay can be fatal.
- IT errors, such as failing to press submit, are unlikely to be accepted as a reasonable excuse unless there are exceptional circumstances.
- Mental health issues will only extend the time limit if they are exceptional and supported by medical evidence covering the relevant period.
- Claimants should seek advice or use the tribunal's online guidance carefully to ensure the claim is actually submitted before the deadline.
The risk of relying on online forms
This case highlights the dangers of assuming an online claim has been submitted. The claimant was aware of the three-month time limit and had started her claim form, but she kept pressing 'save and continue' instead of 'submit'. By the time she realised her mistake, the deadline had passed by 19 days. The tribunal noted that the GOV.UK guidance is clear about how to submit, and that an acknowledgement email is sent immediately upon submission.
Mental health as a factor
The claimant also argued that her depression made it difficult to present the claim on time. However, the tribunal pointed out that there was no medical evidence covering May or June 2022, when the claim was due. A GP note from November 2021 showed she was unfit for work for a few weeks, and a later letter from September 2022 mentioned antidepressants issued in July 2022, but neither covered the critical period. The tribunal emphasised that many claimants suffer from poor mental health after losing their job, and without exceptional circumstances, this does not justify extending the time limit.
What the employer did right
CBRE Managed Services Ltd successfully argued that the claim was out of time and that no extension was warranted. The tribunal agreed, noting that the claimant had a month after early conciliation ended to present her claim, and she did not explain why it took an additional 19 days. Employers facing late claims should check whether the claimant can show it was not reasonably practicable to present in time — a high bar that requires more than an IT mistake or general ill health.
Key takeaway for claimants
The employment tribunal operates with deliberately short time limits to ensure evidence is fresh and litigation is final. If you miss the deadline, you need exceptional circumstances — not just a good reason. An IT error, without more, is unlikely to succeed. If you have health issues, get medical evidence covering the exact period of the deadline. And always double-check that your claim has actually been submitted before the clock runs out.
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