Mental health crisis not enough to extend time limit for employment claim

This case shows how strictly employment tribunals apply time limits, even when a claimant has faced serious mental health difficulties. The former employee resigned in October 2021 and suffered a traumatic event, an overdose, and hospital treatment in the following months. She was discharged from the crisis team on 21 January 2022 – just two days before the deadline to bring her claim. Yet she did not file until May 2022, over four months late.

The tribunal acknowledged that her mental health was a significant factor in the delay up to early April 2022. However, by that point she had recovered enough to research legal options and start applying for jobs. The tribunal found she could have filed sooner after April but waited another month without a clear reason. This unexplained additional delay tipped the balance against her.

What the respondent did right

Phew Limited did not need to do much to win this preliminary hearing. The tribunal noted that the respondent would suffer prejudice because memories fade and documents may be lost – especially given the short employment period and lack of precise records. The employer did not even submit witness evidence, yet the claimant still could not overcome the time bar.

What this means for similar claims

If you are considering an employment tribunal claim, the clock starts ticking from the date of the act you complain about – usually your last day of work or the discriminatory act. For unfair dismissal, you have three months minus one day. For discrimination, the same limit applies but can be extended if it is 'just and equitable'. This case confirms that even severe mental health problems will not automatically justify an extension, particularly if you delay after you have recovered. The safest approach is to start the ACAS early conciliation process as soon as possible, even if you are still unwell – you can always add details later.