Former employee's constructive dismissal claim thrown out for being too late

This case shows how unforgiving employment tribunal time limits can be, even when a claimant has support from a trade union and other advisors. The former employee resigned from Reckitt in February 2022, giving four weeks' notice, and her employment ended on 28 March 2022. She then spent several months gathering advice from her union, Citizens Advice, and a no win no fee solicitor, but did not start early conciliation until 29 June 2022 — two days after the three-month time limit had expired on 27 June. Her claim was not presented until 6 September 2022, over five months after her employment ended.

The tribunal had to decide whether to extend the time limits. For the unfair dismissal claim, the test is whether it was 'reasonably practicable' to present the claim in time. The judge noted that the claimant had been in contact with her union representative throughout and had attempted early conciliation on 18 June, but the submission failed. She then waited until 23 June to call ACAS and was advised to wait seven working days. The tribunal found that she could have done more — for example, she could have presented the claim without early conciliation and then applied for a stay, or she could have chased ACAS sooner. Because she had access to professional advice, it was reasonably practicable to present in time.

For the discrimination claims, the test is whether it is 'just and equitable' to extend time. The most recent alleged discriminatory incident was in October 2021, and some went back to March 2019. The tribunal considered the merits of these claims and found them weak — the allegations were isolated incidents involving different managers, and there was little evidence linking them to the claimant's sex or race. The judge also noted that the claimant had been aware of the alleged discrimination for a long time and had not acted promptly. As a result, it was not just and equitable to extend time.

What the losing side could have done differently

The claimant could have started early conciliation earlier — ideally within days of resigning, not after the deadline. She also could have presented her unfair dismissal claim on time even without early conciliation, by filing the claim and then requesting a stay. Her reliance on advisors was understandable, but the tribunal held that she should have been more proactive.

Why this result matters

This case is a reminder that employment tribunal deadlines are strict and that having professional support does not automatically excuse delays. Claimants should treat time limits as absolute and seek to lodge claims as early as possible, even if they are still gathering evidence or awaiting advice. For employers, the case confirms that tribunals will not hesitate to strike out late claims, especially where the claimant had access to resources and the merits are weak.