Prison officer's unfair dismissal claim dismissed as over two years late
A prison officer with 13 years' service had her unfair dismissal claim thrown out because she presented it more than two years after being sacked. The tribunal accepted it was not reasonably practicable to claim in time due to mental health issues, but said she did not act quickly enough once able.
2 min read · Last updated 18 May 2026
Case details
- #out-of-time
- #mental-health
- #prison-officer
- #acas-early-conciliation
- #family-proceedings
Key facts
- Claimant employed as a Prison Officer from 17 September 2007 to 8 September 2020.
- Claimant presented an unfair dismissal claim on 13 October 2022, over two years after dismissal.
- Claimant had PTSD, stress, anxiety, and depression but was not sectioned or lacking capacity.
- Claimant engaged in family court proceedings and completed a college course during 2021-2022.
- Claimant was aware of the time limit and urgency after legal advice in February 2022.
- Tribunal found it was not reasonably practicable to claim in time but claim not made within a reasonable period thereafter.
Timeline
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Employment started
Claimant began employment as a Prison Officer.
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Dismissal
Claimant's employment was terminated by dismissal.
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College course started
Claimant attended a college course one day a week to retrain as a Personal Trainer.
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Divorce finalised
Claimant's divorce was finalised.
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Family proceedings completed
Family court proceedings regarding children concluded in June and July 2022.
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College course completed
Claimant successfully completed her Personal Trainer course.
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ACAS early conciliation
Claimant contacted ACAS for early conciliation again.
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Claim presented
Claimant presented her unfair dismissal claim to the Employment Tribunal.
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Preliminary hearing
Employment Judge Millard heard the preliminary issue on time limits.
The legal issue
The tribunal had to decide whether an unfair dismissal claim presented over two years late could proceed. It considered whether it was not reasonably practicable to claim in time, and if so, whether the claim was made within a reasonable period after that obstacle ended.
The outcome
The tribunal dismissed the claim as out of time.
The key reason was that while the claimant's mental health (PTSD, stress, anxiety, depression) made it not reasonably practicable to claim within the initial three-month window, she did not present her claim within a reasonable period after she became able to do so. She was able to engage in family court proceedings (divorce finalised February 2022, children proceedings ended June/July 2022) and complete a college course (September 2021 to June 2022). She received legal advice in February 2022 that her claim was out of time and needed to be presented promptly, yet waited until October 2022.
No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- If you have a good reason for missing the three-month deadline, you must still act promptly once that reason ends — delays of months can be fatal.
- Engaging in other legal proceedings or education does not automatically excuse delay in bringing an employment claim, especially if you are managing those activities.
- Seek legal advice early: the claimant was told in February 2022 her claim was out of time but still waited eight months to present it.
- Employment tribunals expect claimants to be able to complete and submit a claim form without a solicitor — lack of funds for representation is not a valid excuse for delay.
- Mental health issues can extend time, but the tribunal will look at your actual capacity during the period — if you can manage complex family court hearings, you may be expected to manage a tribunal claim.
A late claim that could not be saved
This case shows how strictly employment tribunals apply time limits, even when the claimant has faced serious personal difficulties. The prison officer, who had 13 years' service, was dismissed in September 2020. She had PTSD, stress, anxiety and depression, and initially contacted ACAS within the time limit but did not proceed with a claim. The tribunal accepted that her mental health made it not reasonably practicable to present a claim in time — the first hurdle was cleared.
However, the second hurdle proved insurmountable. The law requires that once the obstacle to claiming is removed, the claim must be presented within a 'reasonable period' thereafter. The tribunal found that the claimant was able to manage family court proceedings (divorce finalised February 2022, children proceedings completed by July 2022) and complete a college course (September 2021 to June 2022). She received legal advice in February 2022 that her claim was out of time and needed to be presented promptly, yet she waited until October 2022 to submit her claim form.
What the respondent did right
The Secretary of State for Justice successfully argued that the claimant had not acted quickly enough. The tribunal noted that the claimant could have completed and submitted the claim form shortly after her divorce was finalised in February 2022, especially as she was aware of the urgency. The fact that she was unrepresented was not an acceptable explanation for the delay — tribunal forms are designed to be completed by individuals without lawyers.
What this means for similar claims
This decision reinforces that the 'reasonable period' after the end of a disability or other obstacle is often measured in weeks, not months. If you are able to engage in other complex activities (like family court proceedings or study), the tribunal is likely to expect you to also be able to pursue an employment claim. The key lesson is: once you are able to act, do so immediately — any further delay risks your claim being dismissed, no matter how strong it might be on the merits.
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