Race discrimination and wage claim dismissed as out of time: no extension granted
A former employee's claims for race discrimination and unlawful deduction of wages were dismissed because they were brought too late. The tribunal also refused a reconsideration application.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant brought claims for race discrimination and unlawful deduction of wages.
- The claims were dismissed at a preliminary hearing as being out of time.
- The claimant applied for reconsideration, arguing that time should be extended.
- The reconsideration application was refused because there was no reasonable prospect of the original decision being varied or revoked.
- The claimant submitted further evidence after the hearing, but it was not considered sufficient to alter the judgment.
Timeline
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Preliminary hearing
The claimant's claims for race discrimination and unlawful deduction of wages were dismissed as being out of time.
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Written reasons sent
The tribunal sent written reasons for the dismissal to the parties.
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Reconsideration application
The claimant applied for reconsideration of the judgment, citing reasons why time should be extended.
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Reconsideration refused
Employment Judge Bunting refused the reconsideration application, finding no reasonable prospect of the original decision being varied or revoked.
The legal issue
The tribunal had to decide whether the former employee's claims for race discrimination and unlawful deduction of wages were brought within the statutory time limits, and if not, whether time should be extended.
The outcome
The tribunal dismissed the former employee's claims for race discrimination and unlawful deduction of wages at a preliminary hearing, finding they were brought out of time. The employee applied for reconsideration, arguing that time should be extended, but the tribunal refused because there was no reasonable prospect of the original decision being varied or revoked. No compensation was awarded as the claims were dismissed.
Lessons & takeaways
- Employment tribunal claims must be brought within strict time limits – typically three months minus one day from the act complained of.
- If you miss the deadline, you must show it was not reasonably practicable to bring the claim in time, and that you did so as soon as reasonably possible.
- A reconsideration application is not an opportunity to re-argue your case or introduce new evidence that could have been presented earlier.
- Representing yourself without legal advice can make it harder to meet procedural requirements like time limits.
This case shows how strict employment tribunal time limits can be. The former employee brought claims for race discrimination and unlawful deduction of wages, but the tribunal found they were filed too late. At a preliminary hearing, the claims were dismissed without any consideration of the merits.
What the tribunal decided
The tribunal applied the statutory time limits under the Equality Act 2010 and the Employment Rights Act 1996. The former employee argued that time should be extended, but the judge was not persuaded. After the hearing, the employee applied for reconsideration, submitting further evidence. However, the tribunal refused, noting that the evidence could have been obtained earlier and would not have changed the outcome.
What could have been done differently
The employee could have sought legal advice early on to understand the deadlines. If the deadline was missed, a prompt application explaining why it was not reasonably practicable to file in time might have helped. The reconsideration application was essentially a re-run of the original argument, which the tribunal said was not enough to justify a second hearing.
Why this matters
Time limits are a common trap for unrepresented claimants. Even if the underlying complaint is strong, a late claim will be thrown out. This case is a reminder to act quickly and, if in doubt, get advice from a solicitor or an advice agency like Citizens Advice.
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