Hotel manager's unfair dismissal claim dismissed as out of time despite ADHD
A tribunal dismissed a hotel manager's claims for unfair dismissal, disability discrimination and unpaid wages because they were presented over a month late. The judge found that his ADHD did not prevent him from bringing the claim on time.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a hotel manager from 21 August 2017 until dismissal on 30 June 2021.
- The respondent dismissed the claimant for redundancy.
- The claimant presented his ET1 on 16 December 2021, over a month after the time limit expired.
- The claimant has ADHD and experienced depression after dismissal.
- The claimant actively pursued complaints against other organisations during the same period.
- The tribunal found it was reasonably practicable for the claimant to present his claim on time.
Timeline
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Employment started
Claimant began working as a hotel manager for Delfino Logic Limited.
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ADHD mentioned
Claimant mentioned his suspected ADHD to the respondent director.
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Dismissal
Claimant was dismissed by reason of redundancy. This is the effective date of termination and the last act of alleged discrimination.
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ACAS Early Conciliation started
Claimant commenced ACAS Early Conciliation.
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ACAS certificate received
Claimant received the ACAS Early Conciliation certificate.
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Time limit expired
The three-month time limit for presenting claims (extended by ACAS conciliation) expired.
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ET1 presented
Claimant presented his claim to the tribunal, approximately 1.5 months late.
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Preliminary hearing
Hearing to determine time limits and strike out warning.
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Judgment issued
Employment Judge Heath issued a reserved judgment dismissing most claims as out of time, but allowing the redundancy payment claim to proceed.
The legal issue
Whether the claimant's claims were presented within the three-month time limit (extended by ACAS Early Conciliation), and if not, whether time should be extended because it was not reasonably practicable to present on time (for unfair dismissal and wages) or because it would be just and equitable (for disability discrimination).
The outcome
The tribunal dismissed the claims for unfair dismissal, unlawful deduction from wages, holiday pay, and disability discrimination as out of time. The claim for a redundancy payment was allowed to proceed because it was within the six-month time limit.
The key reasons were:
- The claimant knew about the time limit but delayed because he was pursuing other complaints against other organisations.
- His ADHD and depression did not prevent him from presenting the claim on time, as he was able to engage with other matters.
- The claimant did not provide a good reason for the delay, and extending time would prejudice the respondent.
No compensation was awarded because the claims were dismissed.
Lessons & takeaways
- Time limits for employment tribunal claims are strict: you usually have three months from the date of dismissal (less a day) to present your claim, after ACAS Early Conciliation.
- If you have a disability, you need to show that it actually prevented you from presenting your claim on time — simply having a condition is not enough.
- Actively pursuing other complaints or legal matters during the same period can be used as evidence that you were capable of bringing your tribunal claim on time.
- The tribunal will consider whether it was 'reasonably practicable' to present on time for unfair dismissal claims, but this is a high threshold.
- For discrimination claims, the tribunal has a wider discretion to extend time if it is 'just and equitable', but delay without good reason will count against you.
What this case shows in practice
This case is a stark reminder that employment tribunal time limits are unforgiving. The claimant, a hotel manager with four years' service, was dismissed for redundancy on 30 June 2021. He had ADHD and experienced depression after losing his job. Despite this, he did not present his claim until 16 December 2021 – over a month after the extended time limit expired on 30 October 2021.
The tribunal accepted that the claimant had a disability, but noted that during the same period he had been actively pursuing Freedom of Information requests and complaints against other organisations. This showed he was capable of engaging with administrative processes and deadlines. The judge concluded that it was reasonably practicable for him to have presented his claim on time, and that there was no good reason for the delay.
What the respondent did right
Delfino Logic Limited, represented by a solicitor, successfully argued that the claims were out of time. They pointed to the claimant's other activities as evidence that his ADHD did not prevent him from meeting the deadline. The respondent also highlighted that the claimant had failed to comply with tribunal directions and had not actively pursued his claim after presenting it.
Why this result matters for similar claims
For anyone considering an employment tribunal claim, the key takeaway is: act quickly. The three-month time limit (extended by ACAS Early Conciliation) is a hard deadline. Even if you have a disability or mental health condition, you will need to show that it directly prevented you from presenting your claim on time. If you are able to pursue other matters during the same period, the tribunal is likely to find that you could have done the same for your tribunal claim.
The case also illustrates that failing to comply with tribunal directions can lead to strike-out warnings. The claimant was warned that his claim could be struck out for non-compliance, which added to the difficulties he faced. While the redundancy payment claim survived because it has a longer time limit, the main claims were lost entirely.
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