Former employee's claims dismissed as out of time
A former employee of West London NHS Trust had his claims of unfair dismissal, unlawful deduction from wages, and race discrimination dismissed because he filed them too late.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant presented his claims on 4 April 2022.
- The claims of unfair dismissal and unlawful deduction from wages were presented outside the statutory time limits.
- It was reasonably practicable for the claimant to present those claims within the time limits.
- The race discrimination complaints were also presented outside the time limit and it was not just and equitable to extend time.
- The tribunal dismissed all claims for lack of jurisdiction.
Timeline
-
Claim presented
The claimant presented his claims to the Employment Tribunal.
-
Hearing
The hearing took place at Watford Hearing Centre before Employment Judge Tobin.
-
Judgment given
The tribunal dismissed all claims as out of time.
The legal issue
The tribunal had to decide whether it had jurisdiction to hear the former employee's claims given that they were filed after the statutory time limits for unfair dismissal, unlawful deduction from wages, and race discrimination.
The outcome
The tribunal dismissed all claims for lack of jurisdiction.
The former employee presented his claims on 4 April 2022, but the tribunal found that it was reasonably practicable for him to have filed the unfair dismissal and unlawful deduction claims within time. The race discrimination claims were also out of time, and it was not just and equitable to extend the deadline.
No compensation was awarded as the claims were dismissed.
Lessons & takeaways
- Employment tribunal claims have strict time limits – usually three months from the date of dismissal or the act complained of.
- If you miss the deadline, you must show it was not reasonably practicable to file on time, which is a high bar.
- For discrimination claims, the tribunal can extend time if it is 'just and equitable', but this is not automatic and depends on the circumstances.
- Act quickly and seek legal advice early to avoid losing your right to bring a claim.
This case is a stark reminder that employment tribunal claims have strict time limits that are rarely extended. The former employee brought claims of unfair dismissal, unlawful deduction from wages, and race discrimination against West London NHS Trust, but all were dismissed because they were presented too late.
What went wrong
The former employee filed his claims on 4 April 2022. For unfair dismissal and unlawful deduction from wages, the tribunal found it was reasonably practicable for him to have done so within the usual three-month time limit. He did not provide a convincing reason for the delay. For the race discrimination claims, the tribunal considered whether it would be 'just and equitable' to extend time, but decided it would not.
What the losing side could have done differently
If the former employee had sought advice or acted sooner, he might have been able to present his claims within the time limits. Even if he had a good reason for the delay, he would have needed to provide evidence to support that. In this case, the tribunal was not persuaded.
Why this matters
This case shows that even if you have a potentially strong claim, missing the deadline can be fatal. The tribunal does not have discretion to hear out-of-time claims unless the claimant can show it was not reasonably practicable to file on time, or for discrimination claims, that it is just and equitable to extend time. Both are difficult to prove.
Similar cases
Former employee's constructive dismissal claim thrown out for being too late
A tribunal has dismissed a former employee's claims of constructive unfair dismissal, unpaid wages and race discrimination against Whitbread Group Plc because they were brought too late.
Former driver's unfair dismissal claim struck out after missing deadline and hearing
A former passenger vehicle driver lost his unfair dismissal, race discrimination, and unlawful deduction claims after the tribunal found they were brought too late and he failed to attend the preliminary hearing.
Race discrimination claim added too late: amendment refused, unfair dismissal claim dismissed
A former employee who tried to add a race discrimination claim nearly two years after presenting her original claim had her application refused. The tribunal also struck out her unfair dismissal claim because she was still employed.
Former employee loses unfair dismissal and discrimination claims after failing to pursue them
A former employee's unfair dismissal claim was dismissed for lack of continuity of employment, and his race discrimination claim was thrown out as out of time. Other claims were struck out for failing to actively pursue them.