Former ambulance service employee's claim struck out as out of time
A former ambulance service employee had her unfair dismissal and disability discrimination claims struck out after lodging them over three weeks late. She was ordered to pay £4,305.48 in costs.
1 min read · Last updated 18 May 2026
Key facts
- The claimant resigned on 31 March 2022 with immediate effect.
- The Acas early conciliation process started on 14 April 2022 and the certificate was issued on 11 May 2022.
- The claim form was lodged on 19 August 2022, over three weeks after the extended time limit of 27 July 2022.
- The claimant's explanation for the delay was that she was too busy with other activities, including running a dog training business and starting a new job.
- The tribunal found it was reasonably practicable for the claimant to have presented her claim in time.
- The claimant's claims were struck out as out of time, and she was ordered to pay costs of £4,305.48.
Timeline
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Resignation
The claimant resigned from her employment with immediate effect by email.
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Acas early conciliation started
The claimant began the Acas early conciliation process.
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Acas certificate issued
The Acas early conciliation certificate was issued.
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Extended time limit expired
The extended time limit for presenting the claim expired (three months plus 27 days for Acas).
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Claim form lodged
The claimant lodged her claim form, over three weeks out of time.
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Case management preliminary hearing
A case management preliminary hearing took place where time points were discussed.
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Respondent's 'drop hands' offer
The respondent made a without prejudice save as to costs offer for the claimant to withdraw the claim.
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Claimant rejected offer
The claimant rejected the respondent's offer, stating she believed she had a good chance of success.
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Preliminary hearing and judgment
The tribunal held a preliminary hearing and dismissed both claims as out of time.
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Costs order
The tribunal ordered the claimant to pay costs of £4,305.48 to the respondent.
The legal issue
The tribunal had to decide whether it was reasonably practicable for the claimant to present her unfair dismissal claim within the time limit, and whether it was just and equitable to extend time for her discrimination claim.
The outcome
The tribunal struck out both the unfair dismissal and disability discrimination claims as out of time.
The claimant resigned on 31 March 2022. The Acas early conciliation process started on 14 April 2022 and the certificate was issued on 11 May 2022. The extended time limit expired on 27 July 2022, but the claim was not lodged until 19 August 2022 – over three weeks late.
The claimant's explanation for the delay was that she was busy running a dog training business and starting a new job. The tribunal did not accept this as a valid reason, finding it was reasonably practicable for her to have presented the claim in time.
The respondent made a 'drop hands' offer before the hearing, which the claimant rejected. After the claims were struck out, the tribunal ordered the claimant to pay costs of £4,305.48.
Lessons & takeaways
- Time limits for employment tribunal claims are strict – missing them by even a few weeks can be fatal to your case.
- Being busy with work or other commitments is not a valid excuse for missing a deadline – tribunals expect you to prioritise lodging a claim.
- If you receive a 'drop hands' offer from the respondent, consider it carefully – rejecting it may lead to a costs order if you lose.
- Always check the extended time limit after Acas early conciliation – it is not simply three months from the date of dismissal.
- Seeking legal advice early can help you avoid missing deadlines and understand the risks of proceeding with a weak claim.
A costly lesson in tribunal deadlines
This case is a stark reminder that employment tribunal time limits are not flexible. The claimant, a former employee of South Central Ambulance Service NHS Foundation Trust, resigned on 31 March 2022. She started Acas early conciliation on 14 April, which extended her deadline to 27 July 2022. But she did not lodge her claim until 19 August – over three weeks late.
Her explanation? She was too busy running a dog training business and starting a new job. The tribunal was unsympathetic. Employment Judge Housego noted that the test for extending time focuses on practical hurdles, not subjective difficulties. Being busy with other activities does not make it 'not reasonably practicable' to file a claim.
What the respondent did right
The trust made a 'drop hands' offer before the hearing – a without prejudice offer for the claimant to withdraw the claim, with each side bearing their own costs. The claimant rejected it, believing she had a good chance of success. After the tribunal struck out her claims, the trust applied for costs. The tribunal ordered the claimant to pay £4,305.48, covering the costs of the hearing.
This case shows that respondents can protect themselves by making early settlement offers. It also highlights the risk for claimants who proceed with weak claims – especially when they have been warned.
What this means for similar claims
For anyone considering an employment tribunal claim, the key takeaway is simple: file on time. If you miss the deadline, you need a very good reason – and 'I was busy' will not cut it. The tribunal will look at whether it was physically or practically possible to file, not whether you had other priorities.
If you are unsure about time limits, seek advice early. And if the respondent makes a 'drop hands' offer, think carefully before turning it down – it could save you a significant costs bill.
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