Constructive dismissal claim dismissed as out of time: mental health and bereavement not enough to extend deadline
An employee who resigned from Mon Motors Ltd and later claimed constructive unfair dismissal and sexual orientation discrimination had his claims dismissed because they were presented too late, despite his mental health difficulties and a family bereavement.
2 min read · Last updated 18 May 2026
Case details
- #out-of-time
- #mental-health
- #bereavement
- #sticker-harassment
- #sexual-orientation
Key facts
- The claimant resigned on 6 November 2020 and his employment ended on 16 November 2020.
- The primary limitation date for unfair dismissal was 15 February 2021.
- The claimant contacted ACAS on 23 February 2021 and presented his claim on 4 March 2021.
- The discrimination claim related to an incident on 21 February 2013 when stickers reading 'Ieuan is gay' were placed on his car.
- The claimant suffered from stress and anxiety but was able to work and secure new jobs during the limitation period.
- The claimant did not research time limits or how to bring a claim until his father gave him the ACAS number.
Timeline
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Sticker incident
The claimant's line manager placed stickers reading 'Ieuan is gay' on the claimant's company car. The claimant was 22 and did not complain at the time.
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Sick leave starts
The claimant was signed off work by his GP due to stress at work.
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Last fit note
The last fit note covered 28 days from 5 October 2020.
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Resignation letter
The claimant resigned by letter, requesting to leave as soon as possible.
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Employment ended
The claimant's employment ended by agreement on 16 November 2020, the date on his P45.
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New job started
The claimant started a new job with an Estate Agency, working from home.
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Grandmother's death
The claimant's grandmother passed away after a long hospital stay.
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ACAS contact
The claimant's father gave him the ACAS telephone number. The claimant contacted ACAS and was told he was out of time.
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Claim presented
The claimant presented his claim to the Employment Tribunal.
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Preliminary hearing
The tribunal heard the jurisdictional issue of whether the claims were in time.
The legal issue
The tribunal had to decide whether the claimant's constructive unfair dismissal claim was presented within the three-month time limit, or if it was not reasonably practicable to do so. It also had to decide whether it was just and equitable to extend time for the discrimination claim, which related to an incident seven years earlier.
The outcome
The tribunal dismissed both claims as out of time.
- The effective date of termination was 16 November 2020, making the primary limitation date for unfair dismissal 15 February 2021. The claimant contacted ACAS on 23 February 2021 and presented his claim on 4 March 2021 — 17 days late.
- The tribunal found that while the claimant suffered from stress and anxiety, he was able to work, attend interviews, and secure new jobs during the limitation period. He did not research time limits until his father gave him the ACAS number.
- The discrimination claim related to a 2013 sticker incident. The tribunal found no reason to extend time, as the claimant had not raised the issue at the time and the delay was extreme.
- No compensation was awarded.
Lessons & takeaways
- The three-month time limit for unfair dismissal claims is strict — even a few days late can be fatal, and personal circumstances like stress or bereavement may not be enough to extend it.
- If you are considering a claim, research the time limits early. Ignorance of the process is not a valid excuse for missing the deadline.
- For discrimination claims, the time limit is three months from the act complained of — a delay of several years is almost certainly too late unless there are exceptional circumstances.
- Being able to work and carry out daily activities during the limitation period can be used as evidence that it was reasonably practicable to bring a claim in time.
- Seek legal advice or use ACAS early conciliation as soon as possible after resigning — waiting until a family member suggests it may be too late.
A case of missed deadlines
This case shows how strictly employment tribunals apply time limits, even when a claimant is dealing with mental health issues and a family bereavement. The employee resigned from Mon Motors Ltd in November 2020 after a period of stress-related sick leave. He later claimed he was constructively dismissed and also brought a sexual orientation discrimination claim about an incident in 2013 when a line manager placed stickers reading 'Ieuan is gay' on his company car.
However, the tribunal found that the unfair dismissal claim was presented 17 days late, and the discrimination claim was over seven years out of time. The employee argued that his stress and anxiety, along with the death of his grandmother in February 2021, made it not reasonably practicable to bring the claim in time. The tribunal accepted he had mental health difficulties, but noted that during the limitation period he had started a new job, worked from home, and was able to function. He had not researched time limits until his father gave him the ACAS number.
What the losing side could have done differently
The employee could have contacted ACAS or a solicitor immediately after resigning, rather than waiting until his father suggested it. Even a short delay — here just over two weeks — was enough to lose the right to claim. For the discrimination claim, the delay was extreme: the incident happened in 2013, and the employee did not raise it at the time. The tribunal found no basis to extend time, as the employee had not been prevented from bringing the claim earlier.
Why this matters
This case is a reminder that employment tribunal time limits are not flexible. The test for extending time for unfair dismissal is whether it was 'not reasonably practicable' to present the claim in time — a high bar. For discrimination claims, the test is 'just and equitable', but a delay of years will rarely be excused. Anyone considering a claim should act promptly, seek advice early, and not assume that personal difficulties will automatically extend the deadline.
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