Unfair dismissal claim struck out: presented more than a year after employment ended
A former employee's claims of unfair dismissal and disability discrimination were struck out after the tribunal found they were presented over a year after her employment ended, and she failed to attend the hearing.
1 min read · Last updated 18 May 2026
Case details
- #out-of-time
- #strike-out
- #jurisdiction
- #preliminary-hearing
- #no-appearance
Key facts
- The claimant's employment started on 8 September 2020 and ended by 9 February 2021.
- The claim form was presented on 3 August 2021, more than three months after the termination.
- Early conciliation took place between 2 and 3 August 2021, also out of time.
- The claimant did not attend the hearing and had not made a prior postponement application.
- The claimant failed to provide details of her alleged disability despite a Tribunal order.
Timeline
-
Employment started
Claimant commenced employment with the respondent.
-
Resignation or dismissal
Claimant either resigned or was dismissed; employment ended.
-
Dismissal letter
Letter informing claimant of dismissal, received by 9 February 2021.
-
Claim presented
Claim form presented to the Tribunal, along with early conciliation between 2 and 3 August 2021.
-
Tribunal order for disability info
Tribunal asked claimant to provide details of her disability; claimant did not comply.
-
Claimant's objections
Claimant emailed objections to respondent's response, but did not clarify her claims.
-
Preliminary hearing
Hearing to determine jurisdiction; claimant did not attend; claim struck out as out of time.
The legal issue
The tribunal had to decide whether it had jurisdiction to hear the claimant's complaints of unfair dismissal, disability discrimination, and breach of contract, given that they were presented well outside the statutory three-month time limit.
The outcome
The tribunal struck out the claim in its entirety. The key reason was that the claim form was presented on 3 August 2021, but the employment had ended by 9 February 2021 at the latest — more than five months earlier. The claimant also failed to attend the preliminary hearing or comply with a tribunal order to provide details of her alleged disability. No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- Employment tribunal claims must be presented within three months of the dismissal or discriminatory act — missing this deadline is almost always fatal.
- Early conciliation with ACAS must also be started within the three-month time limit; starting it late does not extend the deadline.
- Attending hearings is essential — if you cannot attend, apply for a postponement in advance with good reasons.
- If you allege disability discrimination, you must provide medical evidence of your impairment and its impact when the tribunal asks for it.
This case is a stark reminder that employment tribunals take time limits very seriously. The former employee's employment ended in early February 2021, but she did not present her claim until August 2021 — more than five months later. The tribunal noted that even the ACAS early conciliation process was started after the three-month deadline had already passed.
What went wrong
The claimant also failed to attend the preliminary hearing and had not applied for a postponement. She had previously been asked by the tribunal to provide details of her alleged disability, including medical evidence, but did not comply. Without any explanation for the delay or the failure to attend, the judge had no choice but to strike out the claim.
What the respondent did right
Wellington for Langley Hall, represented by counsel, provided a clear skeleton argument showing that all claims were out of time. The judge accepted that argument, noting that nothing had been put forward by the claimant to justify extending the time limit.
Why this matters
For anyone considering an employment tribunal claim, the key lesson is to act quickly. The three-month time limit runs from the date of dismissal or the last act of discrimination. Even a short delay can mean losing the right to bring a claim. It is also vital to engage with the tribunal process — respond to orders, attend hearings, and seek advice if needed.
Similar cases
Former employee's unfair dismissal claim dismissed after 40-year delay
A former employee's unfair dismissal claim against Bank of America NA was dismissed as out of time after she presented it nearly 40 years after her employment ended. The tribunal found no reasonable explanation for the delay.
Former employee's claim dismissed as one day late: ADHD and technical issues not enough
A former DHL employee's unfair dismissal claim was thrown out after being filed one day late. The tribunal found it was reasonably practicable to submit on time, rejecting ADHD and technical difficulties as excuses.
Former employee's unfair dismissal claim struck out for being too late
A former employee's unfair dismissal claim against Best Time Limited was struck out after she missed the time limit to contact ACAS and failed to explain the delay.
Late ACAS certificate: claim struck out despite tribunal initially accepting it
A prison custody officer's unfair dismissal claim was struck out because she submitted her ET1 without an ACAS early conciliation certificate, and the defect could not be cured by later providing one.