Claim dismissed Employment Tribunal · 22 June 2023

Maths teacher dismissed for alleged laptop theft: claim thrown out for being 18 days late

A tribunal struck out a maths teacher's unfair dismissal and age discrimination claims after he filed 18 days late and failed to pay a £500 deposit for the weak discrimination claim.

1 min read · Last updated 18 May 2026

Case details

Key facts

  • The claimant was a maths teacher at Ernest Bevin College for over 15 years.
  • He was dismissed on 27 May 2021 for alleged theft of a laptop.
  • The claimant filed his claim on 14 November 2021, 18 days after the deadline.
  • He was represented by a trade union throughout the internal process.
  • The claimant failed to pay a £500 deposit ordered for the age discrimination claim.

Timeline

  1. Dismissal

    The claimant was informed of his dismissal for gross misconduct (theft of a laptop).

  2. Appeal lodged

    The claimant and his trade union representative submitted a comprehensive appeal within the deadline.

  3. Appeal delay

    The headteacher informed the claimant that the appeal hearing could not be held until after 16 August 2021 due to panel availability.

  4. ACAS Early Conciliation started

    The claimant initiated ACAS Early Conciliation instead of pursuing the internal appeal.

  5. ACAS certificate issued

    Early Conciliation ended, giving the claimant until 27 October 2021 to file his claim.

  6. Deadline

    The last day for filing an in-time claim.

  7. Claim filed

    The claimant filed his claim 18 days late.

  8. Preliminary hearing

    Employment Judge Self heard arguments on time limits and ordered a £500 deposit for the age discrimination claim.

  9. Deposit order sent

    The deposit order was sent to the claimant.

  10. Final judgment

    Employment Judge Abbott struck out the age discrimination claim for non-payment of the deposit, leaving no live claims.

The outcome

The tribunal dismissed the unfair dismissal claim because the claimant did not prove it was not reasonably practicable to file on time. The age discrimination claim was allowed to proceed initially but later struck out when the claimant failed to pay a £500 deposit ordered because the claim had little reasonable prospect of success.

  • No compensation awarded as all claims were dismissed.

Lessons & takeaways

  • File your claim as soon as possible — even a short delay of 18 days can be fatal if you cannot show good reason.
  • If you have a trade union representative, make sure they help you meet tribunal deadlines, not just internal appeal deadlines.
  • Pursuing an internal appeal does not automatically extend the time limit for bringing a tribunal claim.
  • If a tribunal orders a deposit for a weak claim, pay it promptly or the claim will be struck out automatically.
  • Consider the strength of all your claims before filing — a weak discrimination claim can jeopardise the whole case if you fail to comply with orders.

A maths teacher's 15-year career ends in dispute over a laptop

The claimant, a maths teacher at Ernest Bevin College for over 15 years, was dismissed in May 2021 for alleged theft of a laptop. He believed the dismissal was unfair and also amounted to age discrimination. However, his case never reached a full hearing because of procedural missteps.

The critical delay: 18 days that made all the difference

The teacher filed his claim 18 days late. He had started ACAS Early Conciliation in August 2021, which ended on 27 September 2021, giving him until 27 October 2021 to file. He filed on 14 November 2021. The tribunal applied the strict 'reasonably practicable' test for unfair dismissal and found the teacher had not explained why he could not have filed on time. He had a trade union representative and was aware of the process. The unfair dismissal claim was therefore dismissed.

The age discrimination claim: a deposit that was never paid

The tribunal did extend time for the age discrimination claim under the more lenient 'just and equitable' test. However, at a preliminary hearing, the judge concluded the claim had little reasonable prospect of success and ordered a £500 deposit. When the teacher failed to pay, that claim was also struck out.

What this means for similar cases

This case shows how unforgiving employment tribunal time limits can be. Even a short delay can be fatal if you cannot show it was not reasonably practicable to file on time. It also highlights the risk of pursuing weak claims: a deposit order, if ignored, will end the case. For anyone considering a tribunal claim, the message is clear: act quickly, get legal advice early, and comply with all tribunal orders.

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