12-year employee's unfair dismissal claim struck out after multiple chances to plead case
A Night Care Assistant with 12 years' service had her unfair dismissal and disability discrimination claims struck out after failing to properly set out her case despite repeated opportunities. No compensation was awarded.
2 min read · Last updated 18 May 2026
Case details
- #long-term-sickness
- #occupational-health
- #strike-out
- #time-bar
- #inadequate-pleading
Key facts
- The claimant was employed from 5 May 2005 as a Night Care Assistant.
- She was absent on sick leave from 17 December 2017 until dismissal on 31 October 2020.
- Multiple occupational health reports confirmed no adjustments could facilitate her return and no redeployment was possible.
- The claimant agreed at the hearing that no adjustments could be made and there was no expected return date.
- The claimant had received legal advice and union assistance but failed to particularise her claims despite multiple opportunities.
Timeline
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Employment commenced
Claimant started work as a Night Care Assistant.
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MRI scan provided
Claimant provided MRI scan regarding her back; alleged failure to carry out risk assessments.
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Sickness absence for knee injury
6-week absence due to meniscus tear; alleged no return-to-work interview or phased return.
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Sickness absence for stress
Two periods of absence due to stress, anxiety, depression; alleged no return-to-work interview.
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Further knee surgery absence
6-week absence; return-to-work interview held but no risk assessment.
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Role change to Night Shift Carer
Claimant moved to Night Shift Carer role; alleged failure to make reasonable adjustments.
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Caution for absence levels
Claimant received a caution regarding high absence levels.
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Capability procedure commenced
Respondent started capability procedure.
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Back injury and diagnosis
Claimant injured back, diagnosed with nerve compression; 3 days absence.
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Occupational health report
Respondent obtained OH report; accepted knowledge of back condition as disability.
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Allegation and sickness absence
Staff member made bullying allegation; claimant moved to day shift and commenced sick leave until dismissal.
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Registered disabled for fibromyalgia
Claimant registered disabled due to fibromyalgia.
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Disciplinary hearing and written warning
Allegations upheld; written warning imposed.
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Final occupational health report
OH report stated claimant unfit for work, no adjustments possible, no return date.
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Dismissal letter
Respondent sent dismissal letter with termination date 31 October 2020.
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Appeal lodged
Claimant appealed dismissal.
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Appeal rejected
Appeal dismissed.
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ET1 presented
Claimant filed claims of unfair dismissal, disability discrimination, and victimisation.
The legal issue
The tribunal had to decide whether the employee's claims should be struck out because they could not succeed, either because they were brought too late or because the details provided were insufficient to make a proper case.
The outcome
The tribunal struck out all claims, including unfair dismissal, disability discrimination, and victimisation, under Rule 37 of the Employment Tribunal Rules.
The key reasons were:
- Many of the alleged acts occurred before 19 October 2020 and were therefore out of time.
- Despite multiple orders from the tribunal and requests from the respondent, the claimant failed to provide clear details of her claims, making them impossible to defend.
No compensation was awarded as the claims were struck out before a full hearing.
Lessons & takeaways
- If you bring a claim, you must clearly explain what happened and when – vague or incomplete claims risk being struck out.
- Employment tribunals will give litigants in person several chances to improve their case, but there is a limit to how many opportunities you will receive.
- Check the time limits carefully: most claims must be brought within three months of the act you are complaining about.
- Seek legal advice early – a lay representative may struggle to meet the tribunal's requirements for pleading a case.
A case that never got off the ground
This case shows how important it is to present a clear and timely claim to an employment tribunal. The claimant, a Night Care Assistant who had worked for The Salvation Army Trustee Company for 12 years, was dismissed after nearly three years of sickness absence. She believed she had been unfairly dismissed and discriminated against because of her disability. But the tribunal never reached the substance of her complaints.
Despite multiple hearings and orders from three different employment judges, the claimant could not provide a clear account of what had happened and when. The tribunal noted that she had received legal advice and union support, yet her claims remained too vague to be properly understood or defended.
What the employer did right
The Salvation Army had obtained several occupational health reports over the years, all of which concluded that no adjustments could allow the claimant to return to work and that no redeployment was possible. The claimant herself agreed at the hearing that no adjustments could be made and there was no expected return date. The employer had followed a capability procedure and offered an appeal, which was rejected.
Why the claim failed
The tribunal struck out the claims because they had no reasonable prospects of success. Many of the alleged acts – such as failures to carry out risk assessments in 2012 and 2014 – were well outside the three-month time limit. The more recent allegations were not supported by enough detail to show that the employer had acted unfairly or discriminatorily.
What this means for similar claims
This case is a reminder that tribunals expect claimants to set out their case clearly from the start. If you cannot explain what happened, when, and why it was unlawful, your claim may be struck out – even if you have a long service record and a sympathetic story. Getting professional help with your claim form and responding to tribunal directions is essential.
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