Former employee's multiple claims dismissed as out of time against Al-Khair Foundation
A former employee brought claims for unfair dismissal, disability discrimination, and more against Al-Khair Foundation, but all were dismissed as presented too late.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant presented complaints of unfair dismissal, protected disclosure detriment, and unlawful deduction of wages out of time.
- The tribunal found it was reasonably practicable for the claimant to present those claims in time.
- The claimant's disability discrimination and victimisation claims were also presented out of time.
- The tribunal declined to extend time for the disability discrimination and victimisation claims.
- The equal pay claim was struck out for non-compliance with a tribunal order.
Timeline
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First hearing on time limits
Employment Judge Ahmed struck out claims for unfair dismissal, protected disclosure detriment, and unlawful deduction of wages as out of time. A preliminary hearing on disability discrimination and victimisation time limits was listed.
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Equal pay claim struck out
Employment Judge CLARK struck out the equal pay claim for non-compliance with a tribunal order.
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Final hearing on remaining claims
Employment Judge Adkinson dismissed all remaining claims (disability discrimination, harassment, victimisation) as out of time, declining to extend time.
The legal issue
The tribunal had to decide whether the claimant's complaints of unfair dismissal, protected disclosure detriment, unlawful deduction of wages, disability discrimination, harassment, victimisation, and equal pay were presented within the statutory time limits, and if not, whether time should be extended.
The outcome
The tribunal dismissed all claims as out of time.
- The unfair dismissal, protected disclosure detriment, and unlawful deduction of wages claims were struck out because it was reasonably practicable to present them in time.
- The disability discrimination, harassment, and victimisation claims were dismissed because it was not just and equitable to extend time.
- The equal pay claim was struck out for non-compliance with a tribunal order.
- No compensation was awarded.
Lessons & takeaways
- Employment tribunal claims have strict time limits – usually three months from the event – so act quickly.
- If you miss the deadline, you must show it was not reasonably practicable to claim in time, which is a high bar.
- For discrimination claims, the tribunal can extend time if it is 'just and equitable', but delays without good reason are unlikely to succeed.
- Failing to comply with tribunal orders can lead to claims being struck out without a hearing on the merits.
- Representation by a solicitor can help navigate procedural rules, but even unrepresented claimants must meet deadlines.
A cautionary tale of missed deadlines
This case shows how strict employment tribunal time limits can be. The former employee brought a range of claims against Al-Khair Foundation, including unfair dismissal, disability discrimination, and victimisation, but all were dismissed because they were presented too late.
The tribunal found that for the unfair dismissal and related claims, it was reasonably practicable for the employee to have presented them in time. For the discrimination and victimisation claims, the tribunal decided it was not 'just and equitable' to extend the deadline, given the lack of a good reason for the delay.
What could have been done differently?
The employee could have sought advice early and lodged claims within three months of the alleged events. Even if unsure of the exact claim, submitting a protective claim within time and amending later is possible. Ignoring tribunal orders also proved fatal – the equal pay claim was struck out for non-compliance.
Why this matters
This case is a reminder that even potentially strong claims can fail if procedural rules are not followed. For anyone considering a tribunal claim, the first step is to check the time limit and act promptly. The tribunal has limited discretion to extend time, and delays are rarely excused.
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