Trainee bus driver's race discrimination claim dismissed as one day late
A trainee bus driver who presented his race discrimination claim one day late has had his case dismissed, with the tribunal refusing to extend time due to a lack of medical evidence explaining the delay.
2 min read · Last updated 18 May 2026
Key facts
- The claimant was employed as a trainee bus driver for approximately 9 days before being dismissed for failing driving assessments.
- The claimant presented his race discrimination claim one day late, on 28 January 2022 instead of 27 January 2022.
- The claimant had depression but provided no medical evidence to explain the delay.
- The claimant was aware of the deadline and chose to act on the last day.
- The tribunal found no good reason for the delay and declined to extend time.
Timeline
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Claim deadline
The deadline for presenting the claim was 27 January 2022. The claimant intended to present on this day but submitted after midnight.
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Claim presented
The claimant presented his claim of race discrimination and unauthorised deductions one day late.
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Strike out warning
The tribunal gave the claimant an opportunity to show why the unfair dismissal claim should not be struck out for lack of two years' service.
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Unfair dismissal struck out
Employment Judge Feeney struck out the unfair dismissal claim as the claimant lacked two years' service.
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Case management hearing
A preliminary hearing was listed for case management of the remaining claims.
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Case management orders
Employment Judge Ainscough made orders to prepare for the preliminary hearing on time limits.
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Preliminary hearing
Employment Judge Dunlop heard evidence and submissions on time limits and dismissed the race discrimination claim as out of time.
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Reconsideration application
The claimant applied for reconsideration, seeking to introduce medical evidence.
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Reconsideration refused
Employment Judge Dunlop refused the reconsideration application, finding no reasonable prospect of varying the original decision.
The legal issue
The tribunal had to decide whether it was just and equitable to extend the time limit for presenting a race discrimination claim, which was filed one day late, and whether it had jurisdiction to hear the claim.
The outcome
The tribunal dismissed the race discrimination claim as it was presented outside the three-month time limit and no extension was granted.
The key reasons were:
- The claimant was aware of the deadline but chose to act on the last day, submitting after midnight.
- He provided no medical evidence to explain why his depression prevented him from presenting on time.
- The delay was only one day, but without a good reason, the tribunal could not extend time.
The claimant's unfair dismissal claim was struck out earlier for lack of two years' service, and the unauthorised deductions claim was withdrawn. No compensation was awarded.
Lessons & takeaways
- Employment tribunal deadlines are strict — even a one-day delay can be fatal if you cannot give a good reason.
- If you rely on a medical condition to explain a delay, you must provide medical evidence; a bare assertion is unlikely to be enough.
- Claimants with less than two years' service cannot bring unfair dismissal claims, but may still have other claims such as discrimination.
- Acting on the last day is risky — technical issues or miscalculations can easily cause you to miss the deadline.
This case shows how unforgiving employment tribunal time limits can be, even for unrepresented claimants. The trainee bus driver had only been employed for nine days when he was dismissed after failing driving assessments. He believed he had been racially discriminated against, but his claim form was submitted one day late — on 28 January 2022 instead of 27 January 2022.
The one-day delay
The claimant admitted he knew the deadline but chose to present his claim on the final day. He submitted it after midnight, making it late. At the preliminary hearing, he argued that depression had affected his ability to act sooner, but he provided no medical evidence to support this. The tribunal noted that he had been able to engage with the tribunal process at other times, and found no good reason for the delay.
What the tribunal decided
The tribunal concluded that it was not just and equitable to extend time. While the delay was short, the claimant had not shown that it was reasonably practicable to present on time, nor had he provided a satisfactory explanation. As a result, the race discrimination claim was dismissed for lack of jurisdiction. His unfair dismissal claim had already been struck out because he lacked the required two years' service, and his unauthorised deductions claim was withdrawn.
What could have been done differently
The claimant could have submitted his claim earlier, rather than waiting until the last day. If he needed more time due to his health, he should have obtained medical evidence before the hearing. The tribunal was not persuaded by a late attempt to introduce a GP letter after the judgment, as it could have been obtained earlier.
Why this matters
This case is a reminder that tribunal deadlines are not flexible. Even a single day's delay can end a claim if there is no good reason. Claimants should aim to file well before the deadline and gather supporting evidence for any extensions they may need. For those with short service, it is also important to check which claims are available — discrimination claims do not require two years' service, but they do require prompt action.
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