Surveyor dismissed during probation: claim thrown out for being late
A surveyor who was dismissed by phone just before his probation ended had his unfair dismissal and discrimination claims dismissed because he presented his claim six days late and failed to comply with tribunal orders.
1 min read · Last updated 18 May 2026
Case details
- #out-of-time
- #want-of-jurisdiction
- #non-compliance-with-orders
- #probationary-period
- #surveyor
Key facts
- The claimant was employed as a surveyor and dismissed on 3 December 2021.
- The claimant presented his ET1 claim on 29 March 2022, which was out of time.
- The claimant failed to comply with case management orders to provide further particulars and evidence.
- The claimant did not attend the preliminary hearing and was uncontactable.
- The respondent's CEO gave evidence consistent with the claimant's version of dismissal.
Timeline
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Dismissal
The claimant was dismissed by telephone on 3 December 2021, shortly before his probationary period would have expired on 6 December 2021.
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Early Conciliation started
The claimant commenced Early Conciliation on 19 January 2022.
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Early Conciliation certificate issued
The Early Conciliation certificate was issued on 9 February 2022.
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Extended limitation deadline
After accounting for Early Conciliation, the deadline to present the claim was 23 March 2022.
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ET1 claim presented
The claimant presented his ET1 claim form on 29 March 2022, six days after the extended deadline.
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ET3 response
The respondent presented its ET3 response resisting all claims.
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Case management hearing
Employment Judge Feeney held a case management hearing and issued orders for the claimant to provide further particulars and evidence by 31 December 2022.
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Case management orders sent
The case management orders were sent to the parties on 29 November 2022.
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Preliminary hearing
Employment Judge Parkin held a preliminary hearing to determine time limit issues. The claimant did not attend and was uncontactable.
The legal issue
The tribunal had to decide whether the claimant's unfair dismissal, breach of contract, unlawful deduction from wages, and disability discrimination claims were brought within the legal time limits, and if not, whether an extension should be granted.
The outcome
The tribunal dismissed all claims because they were presented out of time and the claimant failed to comply with orders to provide further details and evidence.
- The claimant was dismissed on 3 December 2021, just before his probation ended. The extended deadline to present a claim was 23 March 2022, but he filed on 29 March 2022 — six days late.
- He did not attend the preliminary hearing, was uncontactable, and had not complied with earlier orders to clarify his claims and provide medical records.
- No compensation was awarded as the claims were struck out for want of jurisdiction.
Lessons & takeaways
- Always present your tribunal claim within the strict time limits — even a few days late can be fatal.
- If you have a disability discrimination claim, you must provide medical evidence and comply with tribunal orders to clarify the basis of your claim.
- Failing to attend a preliminary hearing without good reason can lead to your entire claim being dismissed.
- Early Conciliation extends the deadline, but you must still calculate the new deadline carefully and file before it expires.
A missed deadline that cost everything
This case shows how unforgiving employment tribunal time limits can be. The surveyor was dismissed by telephone on 3 December 2021, just days before his probationary period would have ended. He started Early Conciliation on 19 January 2022, which extended the usual three-month deadline to 23 March 2022. But he presented his claim on 29 March — six days late.
What went wrong for the claimant
The claimant not only missed the deadline but also failed to comply with case management orders. He was ordered to provide further particulars of his claims (including whether he was alleging whistleblowing or asserting a statutory right) and to supply medical records to support a disability discrimination claim. He did none of this. He also did not attend the preliminary hearing and was unreachable when the tribunal tried to call him. The respondent's CEO gave evidence that was consistent with the claimant's own account of the dismissal, but that did not save the claim.
Why the result matters
This decision is a reminder that tribunals will not bend the rules for claimants who miss deadlines or ignore procedural orders. Even if the underlying dismissal appears unfair — the claimant was dismissed by phone just before his probation ended — the tribunal cannot hear a claim that is out of time unless the claimant can show it was not reasonably practicable to file on time. Here, the claimant offered no explanation at all. The case was struck out in its entirety, including the disability discrimination claim which has a more flexible 'just and equitable' extension test. Without any evidence or attendance, the tribunal had no basis to grant an extension.
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