Long-serving learning manager's claims dismissed as out of time after missing deadline
A learning manager with 12 years' service had her unfair dismissal and disability discrimination claims thrown out by a tribunal because she presented them nearly a month late, despite being aware of the time limit.
1 min read · Last updated 18 May 2026
Case details
Key facts
- Claimant employed from 1 September 2010 as a Learning Manager.
- Employment terminated on 23 August 2022 due to ill-health capability.
- Claimant presented unfair dismissal and disability discrimination claims on 18 December 2022.
- Time limit for unfair dismissal expired on 22 November 2022.
- Claimant was aware of the three-month time limit via her trade union.
- Tribunal found it was reasonably practicable to present claims in time.
Timeline
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Employment started
Claimant began working for the respondent as a Learning Manager.
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Employment terminated
Claimant was dismissed on grounds of ill-health capability.
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Trade union discussions started
Claimant began discussions with her trade union representative.
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Email about timeframe
Claimant emailed union expressing stress about the time limit.
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ACAS advice received
Claimant contacted ACAS helpline and received advice via email with links.
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Claimant mentioned legal advice
Claimant referred to having taken independent legal advice in a casual conversation.
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Unfair dismissal time limit expired
Three-month deadline for unfair dismissal claim passed.
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ACAS Early Conciliation notified
Claimant notified ACAS for Early Conciliation.
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ACAS certificate issued
Early Conciliation certificate issued.
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Claim presented to Tribunal
Claimant presented her claims of unfair dismissal and disability discrimination.
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Preliminary hearing
Tribunal heard arguments on time limits and dismissed claims as out of time.
The legal issue
The tribunal had to decide whether the claimant's unfair dismissal and disability discrimination claims were presented within the statutory time limits, and if not, whether time should be extended on the grounds that it was not reasonably practicable to present in time, or that it was just and equitable to do so.
The outcome
The tribunal dismissed the claims as out of time.
- The unfair dismissal claim was presented on 18 December 2022, 26 days after the deadline of 22 November 2022.
- The claimant was aware of the three-month time limit through her trade union and had even expressed stress about the timeframe in emails.
- She contacted ACAS on 2 November 2022 and received advice, but did not notify ACAS for Early Conciliation until 29 November 2022, a week after the deadline.
- The tribunal rejected her argument that she was misled by ACAS advice about a grievance stopping the clock, finding this 'highly unlikely'.
- For the discrimination claim, the tribunal found no reason to extend time as the claimant could have presented in time.
Lessons & takeaways
- Do not rely on trade unions or ACAS to manage deadlines for you — the responsibility to present a claim in time rests with you.
- If you are unsure about time limits, seek independent legal advice early and act on it promptly.
- A grievance does not stop the clock for employment tribunal claims — this is a common misconception.
- If you miss the deadline, you must show it was not reasonably practicable to present in time; stress and illness are rarely sufficient excuses.
- For discrimination claims, the tribunal has discretion to extend time if it is just and equitable, but delays caused by waiting for others are unlikely to persuade a tribunal.
This case is a stark reminder that employment tribunal claims have strict time limits, and ignorance or misplaced reliance on others will not save a late claim. The claimant, a learning manager with 12 years' service, was dismissed on grounds of ill-health capability in August 2022. She knew from her trade union that she had three months to bring a claim, yet she presented her unfair dismissal claim 26 days late.
What went wrong
The claimant started discussions with her union in early October and contacted ACAS on 2 November. She said she was told by an ACAS adviser that putting in a grievance would 'stop the clock' for six weeks. The tribunal found this 'highly unlikely' and noted she had not mentioned it in her claim form. Instead, she waited until after the deadline to notify ACAS for Early Conciliation, then presented her claim on 18 December.
Why the tribunal rejected her case
For unfair dismissal, the test is whether it was 'not reasonably practicable' to present in time. The tribunal found that the claimant was well aware of the deadline, had capacity to act (she was in contact with her union and ACAS), and simply left it too late. For the disability discrimination claim, the tribunal considered whether it was 'just and equitable' to extend time, but found no good reason to do so — she could have presented both claims in time.
What this means for others
This case shows that tribunals expect claimants to take ownership of deadlines. Relying on a trade union or ACAS to manage the process is risky. If you are dismissed, you should start the tribunal process immediately, even if you are still pursuing a grievance or hoping for a settlement. The clock does not stop, and missing it by even a few weeks can mean losing your right to claim altogether.
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