Dismissal claim struck out: mental health did not excuse five-month delay
A neighbourhood response officer with bipolar disorder had his unfair dismissal claim struck out because he presented it five months late, despite the tribunal accepting his mental breakdown made it impossible to claim on time.
2 min read · Last updated 18 May 2026
Key facts
- The claimant was employed from 15 September 2008 until dismissal on 11 November 2021.
- The claimant suffered from bipolar affective disorder and had a mental breakdown after dismissal.
- The claimant presented his claim on 11 July 2022, five months after the primary time limit expired on 10 February 2022.
- The tribunal found it was not reasonably practicable to present the claim by the deadline due to mental health, but the claimant delayed unreasonably after recovering.
- The claims for unfair dismissal and unauthorised deductions were struck out for lack of jurisdiction.
Timeline
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Employment started
Claimant began employment with Clarion Housing Group Ltd.
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Dismissal
Claimant was dismissed with immediate effect and paid 12 weeks' pay in lieu of notice.
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Brief employment
Claimant worked for one week in a new job but it did not go well.
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Primary time limit expired
Three-month deadline for presenting claims expired.
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Discharged from mental health service
Claimant was discharged from Havering Community Recovery Service, though still under care.
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First appeal request
Claimant wrote to respondent requesting an appeal against dismissal.
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Appeal refused
Respondent refused the out-of-time appeal.
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Acas early conciliation started
Claimant contacted Acas.
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Acas certificate issued
Early conciliation certificate dated.
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Claim presented
Claimant issued his claim to the tribunal.
The legal issue
Whether the tribunal had jurisdiction to hear claims for unfair dismissal and unauthorised deductions presented outside the three-month time limit, and whether time should be extended due to the claimant's mental health.
The outcome
The tribunal struck out the claims for unfair dismissal and unauthorised deductions because they were presented too late.
- The claimant was dismissed on 11 November 2021. The three-month deadline expired on 10 February 2022, but he did not present his claim until 11 July 2022.
- The tribunal accepted that his bipolar disorder caused a mental breakdown after dismissal, making it not reasonably practicable to claim within the initial three months.
- However, the tribunal found that from 30 April 2022, when he was discharged from the mental health service, he was well enough to pursue his claim. He delayed unreasonably by waiting until 11 July, so no further extension was granted.
Lessons & takeaways
- If you have a mental health condition that prevents you from claiming on time, you must act promptly once you recover — even a few weeks' delay can be fatal.
- The three-month time limit for unfair dismissal claims is strict; only exceptional circumstances can extend it, and the extension is limited to a 'reasonable further period'.
- Keep medical records and evidence of when you were unable to function — the tribunal will look at the exact dates of incapacity.
- If you are unsure about time limits, seek advice early — ignorance of the law is not a valid excuse for delay.
- Even if you miss the deadline, you should still present your claim as soon as possible — the longer you wait, the harder it is to argue it was reasonable.
A claim that arrived too late
This case shows how strictly employment tribunals apply the three-month time limit for unfair dismissal claims, even when the claimant has a serious mental health condition. The claimant, a neighbourhood response officer with 13 years' service, was dismissed in November 2021. He suffered a mental breakdown due to his bipolar disorder and did not present his claim until July 2022 — five months after the deadline.
The tribunal accepted that his mental health made it impossible to claim within the initial three months. However, the critical issue was what happened after he recovered. By late April 2022, he had been discharged from the community mental health service and was well enough to write to his employer requesting an appeal. Yet he waited until July to contact Acas and present his claim. The tribunal found that this delay of over two months after recovery was unreasonable, and therefore refused to extend time.
What could have been done differently
The claimant's employer, Clarion Housing Group, had dismissed him with immediate effect and paid 12 weeks' pay in lieu of notice. The claimant believed he had been unfairly treated, but his delay in bringing the claim meant the tribunal never considered the merits. If he had acted as soon as he was able — for example, by contacting Acas in early May rather than late June — he might have succeeded in getting the time limit extended.
Why this matters
This case is a reminder that the time limit for unfair dismissal claims is not flexible. Even where a claimant has a genuine medical reason for missing the initial deadline, they must move quickly once they are capable of doing so. The tribunal will scrutinise the period between recovery and presentation of the claim, and any unreasonable delay will result in the claim being struck out. For anyone considering a claim, the message is clear: act as soon as you can, and keep evidence of your condition and recovery dates.
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