Live-in nanny's whistleblowing claim struck out as too late
A live-in nanny who reported her employers to the NSPCC had her whistleblowing and discrimination claims struck out after waiting over a year to bring them to tribunal.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant worked as a live-in nanny from 14 November 2016 to 23 June 2017.
- She reported the respondents to the NSPCC in March and May 2017 alleging child abuse.
- The respondents wrote a letter to her subsequent employer in September 2018 disclosing the allegations.
- The claimant discovered the letter in October 2018 during disclosure in other proceedings.
- She presented her claim to the tribunal on 12 November 2019, over a year later.
- The tribunal found all claims were presented out of time and struck them out.
Timeline
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Employment started
Claimant began work as a live-in nanny for the respondents.
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First NSPCC report
Claimant made a report to the NSPCC alleging child abuse by the respondents.
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Second NSPCC report
Claimant made a further report to the NSPCC.
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Employment ended
Claimant was dismissed with one month's notice.
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Discovered letter
Claimant received a letter from respondents to her subsequent employer during disclosure in other proceedings.
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Early conciliation started
Claimant contacted ACAS for early conciliation.
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Claim presented
Claimant's claim was accepted by the tribunal.
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Preliminary hearing (part 1)
First part of the open preliminary hearing on time limits.
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Preliminary hearing (part 2)
Second part of the hearing; judgment on time limits and strike out.
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Judgment sent
Written judgment striking out all claims as out of time.
The legal issue
The tribunal had to decide whether the nanny's claims for whistleblowing detriment, automatic unfair dismissal, and race/sex discrimination were brought within the legal time limits, and if not, whether an extension should be granted.
The outcome
The tribunal struck out all claims as out of time.
- The nanny's employment ended in June 2017, but she did not present her claim until November 2019 — over two years later.
- While she argued that she only discovered the alleged detriment in October 2018 (via a letter disclosed in other proceedings), the tribunal held that even from that date she had waited over 13 months, far exceeding the three-month limit.
- The tribunal also noted that her whistleblowing reports to the NSPCC were made in March and May 2017, so any claim based on those should have been brought within three months of the alleged detriment.
- No compensation was awarded as the claims were struck out for lack of jurisdiction.
Lessons & takeaways
- Employment tribunal claims must usually be brought within three months of the act you are complaining about — delays of even a few weeks can be fatal.
- If you only discover the basis for a claim later, you still need to act promptly; waiting over a year from discovery is almost certainly too late.
- Making a protected disclosure (whistleblowing) does not extend the time limit — you must still bring any related claim within the usual three-month window.
- If you are unsure about time limits, seek legal advice or contact ACAS early conciliation as soon as possible — the clock does not stop while you investigate.
A case where timing was everything
This case shows how strictly employment tribunals apply time limits, even when the underlying allegations are serious. The nanny had reported her employers to the NSPCC for alleged child abuse — a classic protected disclosure. But by the time she brought her claim, the tribunal had no choice but to strike it out.
The nanny's employment ended in June 2017. She discovered a letter in October 2018 that she said revealed the employers had acted against her. Yet she did not start early conciliation until November 2019 — over a year later. The tribunal found that even from the date of discovery, the claim was far too late.
What the employers did right
The respondents argued from the outset that the claim was out of time. They did not engage with the merits, instead focusing on jurisdiction. That strategy succeeded. The tribunal agreed that the nanny had not presented any claim within the three-month limit, and that it would not be just and equitable to extend time.
What this means for similar claims
For anyone considering a tribunal claim, the message is clear: act fast. The three-month time limit is short and unforgiving. Even if you only later discover evidence of wrongdoing, you must bring your claim promptly after that discovery. Waiting to gather evidence, to seek advice, or to pursue other remedies can cost you the right to bring a claim at all.
This case also highlights that whistleblowing status does not give you extra time. The same strict deadlines apply. If you believe you have been subjected to a detriment for making a protected disclosure, you should contact ACAS and consider lodging a claim without delay.
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