Former employee's unfair dismissal claim thrown out after eight-month delay
A tribunal dismissed claims for unfair dismissal and discrimination after the former employee waited over eight months to bring her case, despite being told by her union that the deadline had passed.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant's employment ended on 24 September 2021.
- The claimant presented her claim on 3 June 2022, over 8 months after dismissal.
- The claimant had access to legal advice from her daughter, a solicitor, union representatives, and Union Line.
- Union Line told the claimant on 18 February 2022 that her claim was out of time.
- The claimant waited until her appeal was rejected before contacting ACAS on 21 April 2022.
- The tribunal found it was reasonably practicable to bring the unfair dismissal claim in time and not just and equitable to extend time for the discrimination claim.
Timeline
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Flexible working request refused
The claimant's request for flexible working was refused by the respondent.
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Appeal against flexible working refusal
The claimant appealed the refusal of her flexible working request.
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Effective date of termination
The claimant's employment ended.
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Limitation date for unfair dismissal
The statutory time limit for presenting an unfair dismissal claim expired.
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Union Line advised claim out of time
The claimant was told by Union Line that her claim was out of time.
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ACAS early conciliation started
The claimant contacted ACAS to begin early conciliation.
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ACAS early conciliation ended
The early conciliation process finished.
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Claim presented
The claimant presented her claim to the employment tribunal.
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Hearing and judgment
The tribunal heard the case and dismissed both claims as out of time.
The legal issue
The tribunal had to decide whether the claimant's unfair dismissal and discrimination claims were presented within the statutory time limits, and if not, whether time should be extended.
The outcome
The tribunal dismissed both claims as out of time.
- The unfair dismissal claim was brought over 8 months after the effective date of termination, well beyond the 3-month limit. The tribunal held it was reasonably practicable for the claim to have been brought in time, as the claimant had access to legal advice from her daughter (a trainee solicitor), a solicitor, union representatives, and Union Line, and was aware of potential claims from an early stage.
- The discrimination claim was also out of time, and the tribunal found no reason to extend time on just and equitable grounds, given the significant delay and lack of medical evidence for the claimant's 'dark place'.
No compensation was awarded as the claims were dismissed.
Lessons & takeaways
- Time limits for employment tribunal claims are strict: unfair dismissal claims must be brought within 3 months of dismissal, and discrimination claims within 3 months of the act complained of.
- Waiting for an internal appeal to conclude does not pause the time limit for bringing a tribunal claim.
- If you have access to legal advice, the tribunal will expect you to act on it promptly, especially if you are told your claim is out of time.
- A 'dark place' or low mood without medical treatment is unlikely to be accepted as a reason for delay unless it amounts to a recognised mental health condition.
- Early conciliation with ACAS must be started before the time limit expires, not after.
A costly delay
This case is a stark reminder that employment tribunal time limits are unforgiving. The former employee, who worked in the HR department of South East Coast Ambulance Service, was dismissed on 24 September 2021. She did not present her claim until 3 June 2022 – over eight months later. By then, both her unfair dismissal and discrimination claims were well out of time.
The tribunal accepted that the claimant had been in a 'dark place' after her employment ended, but noted she did not seek medical treatment and was still able to draft a detailed appeal letter and correspond with her employer. Crucially, she had access to legal advice from her daughter (a trainee solicitor), a solicitor, union representatives, and the Union Line helpline. On 18 February 2022, Union Line explicitly told her that her claim was out of time. Despite this, she waited until her internal appeal was rejected before contacting ACAS on 21 April 2022.
What could have been done differently?
The claimant's main mistake was assuming that the time limit would not run while her internal appeal was ongoing. In fact, the three-month clock for unfair dismissal starts from the effective date of termination, not from the outcome of any appeal. If she had started ACAS early conciliation before 23 December 2021, her claim could have been saved. Even after being told she was out of time, she could have presented her claim immediately – but she waited another two months.
For the discrimination claim, the time limit was even shorter: three months from the act complained of (the flexible working refusal on 5 August 2021), meaning it expired on 4 November 2021. The claimant did not contact ACAS until April 2022, a delay of over five months.
Why this matters
This case shows that tribunals will not extend time simply because a claimant is pursuing an internal appeal or feels distressed. The law expects employees to act promptly and seek advice early. For anyone considering a tribunal claim, the key lesson is: do not wait. Start ACAS early conciliation as soon as possible, and certainly before the three-month deadline. If you are told your claim is out of time, present it anyway – a tribunal can still consider it, but the longer you delay, the harder it becomes to persuade a judge to extend time.
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