Physiotherapist's unfair dismissal claim struck out: filed nearly three years late
A physiotherapist who filed her unfair dismissal claim nearly three years after the deadline had her case dismissed. The tribunal ruled it was reasonably practicable for her to have brought the claim in time, despite family emergencies and a mistaken belief about time limits.
1 min read · Last updated 18 May 2026
Case details
- #out-of-time
- #jurisdiction
- #preliminary-hearing
- #family-emergency
- #mistaken-belief
Key facts
- The claimant was employed as a physiotherapist from 5 October 2015 to 6 November 2018.
- She was dismissed on capability/performance grounds.
- Early conciliation took place between 21 January 2019 and 21 February 2019.
- The extended time limit for presenting the claim expired on 21 March 2019.
- The claimant presented her claim on 2 March 2022, nearly three years late.
- The tribunal found it was reasonably practicable for the claimant to have presented the claim in time.
Timeline
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Employment started
Claimant commenced employment as a physiotherapist with the respondent.
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Dismissal
Claimant was dismissed on capability/performance grounds.
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Legal advice
Claimant took advice from a solicitor who said a claim had poor prospects and risk of costs.
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ACAS early conciliation started
Claimant contacted ACAS to begin early conciliation.
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ACAS certificate issued
Early conciliation ended; claimant was told she had one month to bring a claim.
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Travel to Greece
Claimant flew to Athens after her grandson broke his leg; stayed until 13 April 2019.
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Extended deadline expired
The extended time limit for presenting the claim expired.
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Return to UK
Claimant returned from Greece but did not submit the claim, believing it was too late.
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Second trip to Greece
Claimant travelled to Greece again to help with childcare.
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Learned of discretion
Claimant learned that the tribunal had discretion to extend time limits, but did not submit claim.
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Claim presented
Claimant presented her unfair dismissal claim, nearly three years after the deadline.
The legal issue
The tribunal had to decide whether it had jurisdiction to hear the unfair dismissal claim, which was presented almost three years after the statutory time limit, and whether it was not reasonably practicable for the claimant to present it in time.
The outcome
The tribunal dismissed the claim because it was presented out of time and the tribunal had no jurisdiction to hear it.
- The claimant was dismissed on 6 November 2018. Early conciliation ended on 21 February 2019, giving her until 21 March 2019 to file her claim.
- She travelled to Greece on 12 March 2019 due to a family emergency and did not file the claim before the deadline, believing it was too late.
- She later learned in December 2019 that the tribunal had discretion to extend time limits but still did not file until March 2022.
- The tribunal held that it was reasonably practicable for her to have filed in time, and her delay was not justified.
Lessons & takeaways
- The statutory time limit for unfair dismissal claims is strict: you generally have three months from dismissal, extended by one month after ACAS early conciliation ends.
- A mistaken belief that the deadline has passed is not a valid excuse unless that belief was reasonable and based on proper inquiries.
- Family emergencies may be considered, but they do not automatically extend the time limit if you could have taken steps before or after the emergency.
- If you receive legal advice that your claim has poor prospects, that does not relieve you of the obligation to file in time if you still wish to pursue it.
- Seek advice promptly and do not assume it is too late — the tribunal has discretion to extend time only in very limited circumstances.
This case is a stark reminder that employment tribunal time limits are unforgiving. The claimant, a physiotherapist with three years' service, was dismissed in November 2018. She took legal advice, started ACAS early conciliation, and knew she had until 21 March 2019 to file her claim. But a family crisis — her grandson's broken leg — led her to fly to Greece on 12 March, and she did not return until after the deadline.
What went wrong
The claimant believed that because the deadline had passed while she was abroad, it was too late to bring a claim. She did not file until nearly three years later, after learning that the tribunal could extend time. However, the tribunal found she could have filed before leaving, or sought an extension promptly after returning. Her mistaken belief was not reasonable, especially given she had received clear advice from ACAS about the one-month extension.
Why the result matters
This decision underscores that employees must act quickly. Even with a genuine family emergency, the tribunal expects you to take steps to protect your claim — whether by filing before you travel, asking for help, or submitting as soon as you return. The law does not allow a claimant to wait years and then argue it was not 'reasonably practicable' to file on time.
For anyone considering an unfair dismissal claim, the lesson is clear: note the deadline, file before it expires, and if you cannot, seek advice immediately. Delays of more than a few weeks are rarely excused.
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