Former employee's discrimination claims struck out for being out of time
The tribunal struck out race and disability discrimination claims because they were presented late, and the claimant failed to attend the hearing or provide reasons for the delay.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant brought claims for race and disability discrimination, victimisation, and trade union membership detriment.
- The claims were presented outside the primary time limits.
- The claimant did not attend the preliminary hearing and provided no evidence or submissions on time extension.
- The tribunal found no basis to extend time and struck out the claims for lack of jurisdiction.
- The claimant also failed to pay a deposit order for an unfair dismissal claim, leading to its strike out.
Timeline
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Claimant returned to work and informed DWP of heart condition
The claimant returned to work and informed the DWP of his heart condition, leading to special leave during the pandemic.
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First claim presented
The claimant presented the first claim (case 3202601/2021) as a litigant in person, alleging discrimination and victimisation.
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Second claim presented
The claimant presented the second claim (case 2203624/2021) with assistance from counsel, alleging further discrimination.
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Preliminary hearing
An open preliminary hearing was held to consider the respondent's application to strike out the first and second claims or require a deposit.
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Deposit order sent
The tribunal sent a deposit order of £300 to the claimant for the unfair dismissal claim, requiring payment.
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Judgment issued
The tribunal issued a judgment striking out the first and second claims for being out of time, and the unfair dismissal claim for non-payment of the deposit.
The legal issue
The tribunal had to decide whether to extend the time limit for discrimination and trade union detriment claims that were presented late, and whether to strike out claims with no reasonable prospect of success.
The outcome
The tribunal struck out the first and second claims for race and disability discrimination, victimisation, and trade union membership detriment because they were presented outside the primary time limits and there was no basis to extend time. The claimant did not attend the preliminary hearing and provided no evidence or submissions on time extension.
The unfair dismissal claim was also struck out because the claimant failed to pay a deposit order of £300, which was required as a condition of continuing that claim.
No compensation was awarded as all claims were struck out.
Lessons & takeaways
- Employment tribunal claims must be presented within strict time limits – usually three months minus one day from the act complained of.
- If you miss the deadline, you must provide a good reason for the delay; failing to attend the hearing or provide evidence will almost certainly result in the claim being struck out.
- A deposit order requires payment to continue a claim with little reasonable prospect of success; non-payment leads to automatic strike out.
- Seek legal advice early to avoid missing deadlines and to assess the strength of your case before issuing proceedings.
This case is a cautionary tale about the importance of time limits in employment tribunal claims. The former employee brought multiple claims against the Secretary of State for Work and Pensions, including race and disability discrimination, victimisation, and trade union membership detriment. However, all of these claims were presented after the primary time limit had expired.
What went wrong
The tribunal held a preliminary hearing to consider whether to extend time. The claimant did not attend and provided no evidence or submissions to explain the delay. Without any justification, the tribunal had no choice but to strike out the claims for lack of jurisdiction. The unfair dismissal claim was also struck out because the claimant failed to pay a deposit order of £300, which was required as a condition of continuing that claim.
What the respondent did right
The respondent applied to strike out the claims on the basis that they were out of time and had no reasonable prospect of success. The tribunal agreed, noting that the claimant had not even contacted ACAS until after the deadline had passed.
Key takeaway
This case shows that tribunals will not hesitate to strike out claims that are brought late without good reason. If you believe you have a claim, act quickly and seek legal advice to ensure you meet the deadlines. Missing the time limit can be fatal to your case, even if the underlying allegations are serious.
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